land and business (sale and conveyancing

No 312 of 2013 published in Gazette 19.12.2013 p 5148

1

South Australia

Land and Business (Sale and Conveyancing) Variation Regulations 2013 under the Land and Business (Sale and Conveyancing) Act 1994

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Variation provisions

Part 2—Variation of Land and Business (Sale and Conveyancing) Regulations 2010 4 Variation of regulation 3—Interpretation 5 Substitution of regulation 8

8 Sale of land—form of vendor's statement 6 Variation of regulation 10—Sale of small business—form of vendor's statement 7 Variation of regulation 11—Sale of small business—prescribed particulars 8 Variation of Schedule 1—Contracts for sale of land or businesses—forms 9 Variation of Schedule 1—Contracts for sale of land or businesses—forms 10 Variation of Schedule 1—Contracts for sale of land or businesses—forms 11 Substitution of Schedule 3

Schedule 3—Contracts for sale of land or businesses—inquiries 12 Variation of Schedule 8—Contracts for sale of land or businesses—fees 13 Transitional provision

Schedule 1—Attachment for Form 1


Part 1—Preliminary 1—Short title

These regulations may be cited as the Land and Business (Sale and Conveyancing) Variation Regulations 2013.

2—Commencement These regulations will come into operation on the day on which Part 4 of the Statutes Amendment (Real Estate Reform Review and Other Matters) Act 2013 comes into operation.

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Statutes%20Amendment%20(Real%20Estate%20Reform%20Review%20and%20Other%20Matters)%20Act%202013


Land and Business (Sale and Conveyancing) Variation Regulations 2013 Part 1—Preliminary

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3—Variation provisions In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Land and Business (Sale and Conveyancing) Regulations 2010

4—Variation of regulation 3—Interpretation (1) Regulation 3(1), definition of council search report—after "by a council" insert:

(whether or not wholly or partially in electronic form)

(2) Regulation 3(1), definition of property interest report—delete ", produced by the Department for Transport, Energy and Infrastructure" and substitute:

(whether or not wholly or partially in the form of an annotated version of Form 1 or Form 2 and whether or not wholly or partially in electronic form) produced by the Department of Planning, Transport and Infrastructure

5—Substitution of regulation 8 Regulation 8—delete the regulation and substitute:

8—Sale of land—form of vendor's statement For the purposes of section 7(1) of the Act, a statement is in the required form if it comprises Form 1.

6—Variation of regulation 10—Sale of small business—form of vendor's statement

Regulation 10(d)—delete paragraph (d) and substitute:

(d) if the matters set out under the heading "Particulars relating to environment protection" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, the business subject to the sale—the parts of that Division that contain those matters; and

(e) if—

(i) the business the subject of the sale involves the keeping or handling of livestock, the handling of livestock products or the handling of property in connection with such an activity; and

(ii) the matters set out under the heading "Particulars relating to Livestock Act 1997" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, that business,

the parts of that Division that contain those matters.

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Livestock%20Act%201997

Land and Business (Sale and Conveyancing) Variation Regulations 2013

Variation of Land and Business (Sale and Conveyancing) Regulations 2010—Part 2

3

7—Variation of regulation 11—Sale of small business—prescribed particulars Regulation 11(b)—delete paragraph (b) and substitute:

(b) if the matters set out under the heading "Particulars relating to environment protection" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, the business subject to the sale—the particulars set out in that form relating to those matters; and

(c) if—

(i) the business the subject of the sale involves the keeping or handling of livestock, the handling of livestock products or the handling of property in connection with such an activity; and

(ii) the matters set out under the heading "Particulars relating to Livestock Act 1997" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, that business,

the particulars set out in that form relating to those matters.

8—Variation of Schedule 1—Contracts for sale of land or businesses—forms Schedule 1, Form 1—delete the form and substitute:

Form 1—Vendor's statement

(Section 7 Land and Business (Sale and Conveyancing) Act 1994)

Contents

Preliminary Part A—Parties and land Part B—Purchaser's cooling off rights and proceeding with the purchase Part C—Statement with respect to required particulars Part D—Certificate with respect to prescribed inquiries by registered agent ☐

Schedule

Preliminary

To the purchaser:

The purpose of a statement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 is to put you on notice of certain particulars concerning the land to be acquired.

If you intend to carry out building work on the land, change the use of the land or divide the land, you should make further inquiries to determine whether this will be permitted. For example, building work may not be permitted on land not connected to a sewerage system or common drainage scheme if the land is near a watercourse, dam, bore


http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Land%20and%20Business%20(Sale%20and%20Conveyancing)%20Act%201994


Land and Business (Sale and Conveyancing) Variation Regulations 2013 Part 2—Variation of Land and Business (Sale and Conveyancing) Regulations 2010

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or the River Murray and Lakes.

The Aboriginal Heritage Act 1988 protects any Aboriginal site or object on the land. Details of any such site or object may be sought from the "traditional owners" as defined in that Act.

If you desire additional information, it is up to you to make further inquiries as appropriate.

Instructions to the vendor for completing this statement:

☐ means the Part, Division, particulars or item may not be applicable.

If it is applicable, ensure the box is ticked and complete the Part, Division, particulars or item.

If it is not applicable, ensure the box is empty or strike out the Part, Division, particulars or item. (Do not omit the Part, Division, particulars or item).

If this form is completed electronically, a box can be ticked or unticked in PDF mode.

* means strike out or omit the option that is not applicable.

All questions must be answered with a YES or NO (inserted in the place indicated by a rectangle or square brackets below or to the side of the question).

If there is insufficient space to provide any particulars required, continue on attachments.

Part A—Parties and land

1 Purchaser: Address:

2 Purchaser's registered agent: Address:

☐

3 Vendor: Address:

4 Vendor’s registered agent: Address:

☐

5 Date of contract (if made before this statement is served):

6 Description of the land: [Identify the land including any certificate of title reference]

Part B—Purchaser's cooling-off rights and proceeding with the purchase

To the purchaser:

Right to cool-off

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Aboriginal%20Heritage%20Act%201988



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(section 5)

1—Right to cool-off and restrictions on that right You may notify the vendor of your intention not to be bound by the contract for the sale of the land UNLESS—

(a) you purchased by auction; or

(b) you purchased on the same day as you, or some person on your behalf, bid at the auction of the land; or

(c) you have, before signing the contract, received independent advice from a legal practitioner and the legal practitioner has signed a certificate in the prescribed form as to the giving of that advice; or

(d) you are a body corporate and the land is not residential land; or

(e) the contract is made by the exercise of an option to purchase not less than 5 clear business days after the grant of the option and not less than 2 clear business days after service of this form; or

(f) the sale is by tender and the contract is made not less than 5 clear business days after the day fixed for the closing of tenders and not less than 2 clear business days after service of this form; or

(g) the contract also provides for the sale of a business that is not a small business.

2—Time for service

The cooling-off notice must be served—

(a) if this form is served on you before the making of the contract—before the end of the second clear business day after the day on which the contract was made; or

(b) if this form is served on you after the making of the contract—before the end of the second clear business day from the day on which this form is served.

However, if this form is not served on you at least 2 clear business days before the time at which settlement takes place, the cooling-off notice may be served at any time before settlement.

3—Form of cooling-off notice

The cooling-off notice must be in writing and must be signed by you.

4—Methods of service


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The cooling-off notice must be—

(a) given to the vendor personally; or

(b) posted by registered post to the vendor at the following address: (being the vendor's last known address); or

(c) transmitted by fax or email to the following fax number or email address: (being a number or address provided to you by the vendor for the purpose of service of the notice); or

(d) left for the vendor's agent (with a person apparently responsible to the agent) at, or posted by registered post to the agent at, the following address: (being *the agent's address for service under the Land Agents Act 1994/an address nominated by the agent to you for the purpose of service of the notice).

Note—

Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling-off notice on the purchaser. It is therefore strongly recommended that—

(a) if you intend to serve the notice by leaving it for the vendor's agent at the agent's address for service or an address nominated by the agent, you obtain an acknowledgment of service of the notice in writing;

(b) if you intend to serve the notice by fax or email, you obtain a record of the transmission of the fax or email.

5—Effect of service

If you serve such cooling-off notice on the vendor, the contract will be taken to have been rescinded at the time when the notice was served. You are then entitled to the return of any money you paid under the contract other than—

(a) the amount of any deposit paid if the deposit did not exceed $100; or

(b) an amount paid for an option to purchase the land.

Proceeding with the purchase

If you wish to proceed with the purchase—

(a) it is strongly recommended that you take steps to make sure your interest in the property is adequately insured against loss or damage;

(b) pay particular attention to the provisions in the contract as to time of settlement - it is essential that the necessary arrangements are made to complete the purchase by the agreed date - if you do not do so, you may be in breach of the contract;

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Land%20Agents%20Act%201994





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(c) you are entitled to retain the solicitor or registered conveyancer of your choice.

Part C—Statement with respect to required particulars

(section 7(1))

To the purchaser:

*I/We, of being the *vendor(s)/person authorised to act on behalf of the vendor(s) in relation to the transaction state that the Schedule contains all particulars required to be given to you pursuant to section 7(1) of the Land and Business (Sale and Conveyancing) Act 1994.

Date: Signed:

Part D—Certificate with respect to prescribed inquiries by registered agent

(section 9)

To the purchaser:

I,

certify *that the responses/that, subject to the exceptions stated below, the responses to the inquiries made pursuant to section 9 of the Land and Business (Sale and Conveyancing) Act 1994 confirm the completeness and accuracy of the particulars set out in the Schedule. Exceptions:

Date: Signed:

*Vendor's/Purchaser's agent *Person authorised to act on behalf of *Vendor's/Purchaser's agent

☐

Schedule—Division 1—Particulars of mortgages, charges and prescribed encumbrances affecting the land

(section 7(1)(b)) Note—

Section 7(3) of the Act provides that this statement need not include reference to charges arising from the imposition of rates or taxes less than 12 months before the date of service of the statement.

Where a mortgage, charge or prescribed encumbrance referred to in column 1 of the table below is applicable to the land, the particulars in relation to that mortgage, charge or prescribed encumbrance required by column 2 of the table must be set out in the table (in accordance with the instructions in the table) unless—

(a) there is an attachment to this statement and—





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(i) all the required particulars are contained in that attachment; and

(ii) the attachment is identified in column 2; and

(iii) if the attachment consists of more than 2 sheets of paper, those parts of the attachment that contain the required particulars are identified in column 2; or

(b) the mortgage, charge or prescribed encumbrance—

(i) is one of the following items in the table:

(A) under the heading 1. General—

1.1 Mortgage of land

1.4 Lease, agreement for lease, tenancy agreement or licence

1.5 Caveat

1.6 Lien or notice of a lien

(B) under the heading 33. Other charges—

33.1 Charge of any kind affecting the land (not included in another item); and

(ii) is registered on the certificate of title to the land; and

(iii) is to be discharged or satisfied prior to or at settlement.

Table of particulars

Column 1 Column 2 Column 3

[If an item is applicable, ensure that the box for the item is ticked and complete the item.]

[If an item is not applicable, ensure the box is empty (or else strike out the item or write "NOT APPLICABLE" or "N/A" in column 1).]

[If an item is applicable, all particulars requested in column 2 must be set out in the item unless the Note preceding this table otherwise permits. Particulars requested in bold type must be set out in column 3 and all other particulars must be set out in column 2.]

[If there is more than 1 mortgage, charge or prescribed encumbrance of a kind referred to in column 1, the particulars requested in column 2 must be set out for each such mortgage, charge or prescribed encumbrance.]

[If requested particulars are set out in the item and then continued on an attachment due to insufficient space, identify the attachment in the place provided in column 2. If all of the requested particulars are contained in an attachment (instead of in the item) in accordance with the Note preceding this table, identify the attachment in the place provided in column 2 and (if required by the Note) identify the parts of the attachment that contain the particulars.]

1. General

1.1 Is this item applicable? ☐

Mortgage of land

Will this be discharged or satisfied prior to or at settlement?

[ ]



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Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):

[ ]

Number of mortgage (if registered):

Name of mortgagee:



[ ]


[ ]

Description of land subject to easement:

Nature of easement:

Easement (whether over the land or annexed to the land)

Note—

"Easement" includes rights of way and party wall rights

Are you aware of any encroachment on the easement? [ ] If YES, give details:

If there is an encroachment, has approval for the encroachment been given? [ ] If YES, give details:

1.3 Restrictive covenant Is this item applicable? ☐


[ ]


[ ]

Nature of restrictive covenant:

Name of person in whose favour restrictive covenant operates:

Does the restrictive covenant affect the whole of the land being acquired? [ ] If NO, give details:

Does the restrictive covenant affect land other than that being acquired? [ ]


Lease, agreement for lease, tenancy agreement or licence Will this be discharged or satisfied

prior to or at settlement? [ ]


10


[ ]

Names of parties:

Period of lease, agreement for lease etc:

From to

(The information does not include information about any sublease or subtenancy. That information may be sought by the purchaser from the lessee or tenant or sublessee or subtenant.)

Amount of rent or licence fee:

$ per (period)

Is the lease, agreement for lease etc in writing? [ ]

If the lease or licence was granted under an Act relating to the disposal of Crown lands, specify—

(a) the Act under which the lease or licence was granted:

(b) the outstanding amounts due (including any interest or penalty):

1.5 Caveat Is this item applicable? ☐


[ ]


[ ]

Name and address of caveator:

Particulars of interest claimed:

1.6 Lien or notice of a lien Is this item applicable? ☐


[ ]


[ ]

Land or other property subject to lien:

Nature of lien:

Name and address of person who has imposed lien or given notice of it:

2. Aboriginal Heritage Act 1988

2.1 section 9—Registration in Is this item applicable? ☐




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central archives of an Aboriginal site or object Will this be discharged or satisfied



[ ]

Particulars of register entry:



[ ]

section 24—Directions prohibiting or restricting access to, or activities on, a site or an area surrounding a site


[ ]

Date of notice:

Site or area to which notice relates:

Directions (as stated in notice):


Part 3 Division 6—Aboriginal heritage agreement Will this be discharged or satisfied



[ ]

Date of agreement:

Description of property subject to agreement:

Names of parties:

Terms of agreement:

3. Crown Rates and Taxes Recovery Act 1945


section 5—Notice requiring payment


[ ]


[ ]

Date of notice:

Land in respect of which Crown rates and taxes are owing:

Amount owing (as stated in the notice):

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Crown%20Rates%20and%20Taxes%20Recovery%20Act%201945


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4. Development Act 1993


Part 3—Development Plan


[ ]


[ ]

Title or other brief description of zone or policy area in which the land is situated (as shown in the Development Plan):

Is the land situated in a designated State Heritage Area? [ ]

Is the land designated as a place of local heritage value? [ ]

Is there a current Development Plan Amendment released for public consultation by a council on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? [ ] If YES, state the name of the council:

Is there a current Development Plan Amendment released for public consultation by the Minister on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? [ ]



[ ]

section 42—Condition (that continues to apply) of a development authorisation


[ ]

Date of authorisation:

Name of relevant authority that granted authorisation:

Condition(s) of authorisation:

4.3 section 50(1)— Is this item applicable? ☐

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Development%20Act%201993



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[ ]

Requirement to vest land in a council or the Crown to be held as open space


[ ]

Date requirement given:

Name of body giving requirement:

Nature of requirement:

Contribution payable (if any):



[ ]

section 50(2)—Agreement to vest land in a council or the Crown to be held as open space


[ ]

Date of agreement:

Names of parties:

Terms of agreement:




[ ]

section 55—Order to remove or perform work


[ ]

Date of order:

Terms of order:

Building work (if any) required to be carried out:

Amount payable (if any):



[ ]

section 56—Notice to complete development


[ ]

Date of notice:

Requirements of notice:


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section 57—Land management agreement


[ ]


[ ]

Date of agreement:

Names of parties:

Terms of agreement:


section 60—Notice of intention by building owner Will this be discharged or satisfied



[ ]

Date of notice:

Building work proposed (as stated in the notice):

Other building work as required pursuant to the Act:


section 69—Emergency order


[ ]


[ ]

Date of order:

Name of authorised officer who made order:

Name of authority that appointed the authorised officer:

Nature of order:



section 71—Fire safety notice


[ ]



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[ ]

Date of notice:

Name of authority giving notice:





section 84—Enforcement notice


[ ]


[ ]

Date notice given:

Name of relevant authority giving notice:

Nature of directions contained in notice:




section 85(6), 85(10) or 106—Enforcement order


[ ]


[ ]

Date order made:

Name of court that made order:

Action number:

Names of parties:

Terms of order:



Part 11 Division 2—Proceedings


[ ]


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[ ]

Date of commencement of proceedings:

Date of determination or order (if any):

Terms of determination or order (if any):

5. Repealed Act conditions



[ ]


[ ]

Condition (that continues to apply) of an approval or authorisation granted under the Building Act 1971 (repealed), the City of Adelaide Development Control Act 1976 (repealed), the Planning Act 1982 (repealed) or the Planning and Development Act 1966 (repealed)

Nature of condition(s):

6. Emergency Services Funding Act 1998


section 16—Notice to pay levy


[ ]


[ ]

Date of notice:

Amount of levy payable:

7. Environment Protection Act 1993



[ ]


[ ]

section 59—Environment performance agreement that is registered in relation to the land

Date of agreement:


section 93—Environment protection order that is registered in relation to the land


[ ]

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Building%20Act%201971

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Building%20Act%201971

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=City%20of%20Adelaide%20Development%20Control%20Act%201976



http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Planning%20Act%201982

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Planning%20and%20Development%20Act%201966%20(repealed)



http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Emergency%20Services%20Funding%20Act%201998

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Environment%20Protection%20Act%201993



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[ ]

Date of issue:

Compliance date(s) specified in the order:



[ ]

section 93A—Environment protection order relating to cessation of activity that is registered in relation to the land Are there attachments?

If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):

[ ]

Date of issue:



section 99—Clean-up order that is registered in relation to the land Will this be discharged or satisfied



[ ]

Date of issue:


Amount of charge on the land (if applicable and known):



[ ]

section 100—Clean-up authorisation that is registered in relation to the land


[ ]

Date of issue:

Amount of charge on the land (if known):


section 103H—Site contamination assessment order that is registered in relation to the land


[ ]


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[ ]

Date of issue:





[ ]

section 103J—Site remediation order that is registered in relation to the land


[ ]

Date of issue:





[ ]

section 103N—Notice of declaration of special management area in relation to the land (due to possible existence of site contamination) Are there attachments?


[ ]

Date of notice:

Date of Gazette in which notice published:

Description of area or areas to which the notice relates:



[ ]

section 103P—Notation of site contamination audit report in relation to the land


[ ]

Date of notation:



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Note—

Site contamination audit reports are kept by the EPA in the public register under section 109 of the Environment Protection Act 1993



[ ]

section 103S—Notice of prohibition or restriction on taking water affected by site contamination in relation to the land


[ ]

Date of notice:


Description of the water to which the notice relates:

Particulars given in the notice of the site contamination affecting the water:

8. Fences Act 1975


section 5—Notice of intention to perform fencing work Will this be discharged or satisfied



[ ]

Date of notice:

Name and address of person to whom notice was given or from whom notice was received:

Particulars of relevant boundary:

Kind of fence proposed to be constructed or nature of work proposed to be done to existing fence:

Cost or estimated cost of fence or work (as stated in the notice):

Amount sought by proponent from adjoining owner (as stated in the notice):

If there is a cross-notice under section 6, give details of—

(a) the proposals objected to:

(b) the counter-proposals:


http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Fences%20Act%201975


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9. Fire and Emergency Services Act 2005



[ ]

section 105F (or section 56 or 83 (repealed))—Notice to take action to prevent outbreak or spread of fire


[ ]

Date of notice:

Person or body who issued notice:

Requirements of notice (as stated therein):


10. Food Act 2001


section 44—Improvement notice


[ ]


[ ]

Date of notice:

Name of authorised officer who served notice:

Name of authority that appointed officer:



section 46—Prohibition order


[ ]


[ ]

Date of order:

Name of authority or person who served order:

Requirements of order:

11. Fruit and Plant Protection Act 1992 (repealed)


section 14 or 15—Notice or order concerning disease Will this be discharged or satisfied


http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Fire%20and%20Emergency%20Services%20Act%202005

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Food%20Act%202001

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Fruit%20and%20Plant%20Protection%20Act%201992



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[ ]

Date of notice or order:

Date of Gazette in which notice published (if applicable):

Nature of requirement, restriction or prohibition:

12. Ground Water (Qualco-Sunlands) Control Act 2000


Part 6—Risk management allocation


[ ]


[ ]

Is a waterlogging and salinity risk management allocation attached to the whole or any part of the land? [ ] If YES, give details of the allocation and the land to which it is attached:



[ ]

section 56—Notice to pay share of Trust costs, or for unauthorised use of water, in respect of irrigated property Are there attachments?


[ ]

Date of notice:

Amount payable (as stated in notice):

13. Heritage Places Act 1993



[ ]

section 14(2)(b)—Registration of an object of heritage significance


[ ]

Date of registration:

Description and location of object registered:

13.2 section 17 or 18— Is this item applicable? ☐

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Ground%20Water%20(Qualco-Sunlands)%20Control%20Act%202000

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Heritage%20Places%20Act%201993


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[ ]

Provisional registration or registration


[ ]

Description of place registered:

Has the place been designated as a place of geological, palaeontological or speleological significance or archaeological significance? [ ] If YES, give details:


section 30—Stop order


[ ]


[ ]

Date of order:

Terms of order:

13.4 Part 6—Heritage agreement

Is this item applicable? ☐


[ ]


[ ]

Date of agreement:


Names of parties:

Terms of agreement:


section 38—"No development" order


[ ]


[ ]

Date of order:

Terms of order:



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14. Highways Act 1926



[ ]

Part 2A—Establishment of control of access from any road abutting the land


[ ]

Date of establishment of control of access:

Description of boundary of land affected:

15. Housing Improvement Act 1940



[ ]

section 23—Declaration that house is undesirable or unfit for human habitation


[ ]

Date of declaration:

Those particulars required to be provided by a council under section 23:



[ ]

Part 7 (rent control for substandard houses)—Notice or declaration


[ ]

Date of notice or declaration:

Those particulars required to be provided by the housing authority under section 60:

16. Land Acquisition Act 1969


section 10—Notice of intention to acquire


[ ]


[ ]

Date of notice:

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Highways%20Act%201926

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Housing%20Improvement%20Act%201940

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Land%20Acquisition%20Act%201969


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Name of Authority who served notice:

Description of land intended to be acquired (as described in the notice):

17. Land Tax Act 1936


Notice, order or demand for payment of land tax


[ ]


[ ]

Date of notice, order or demand:

Amount payable (as stated in the notice):

18. Local Government Act 1934


Notice, order, declaration, charge, claim or demand given or made under the Act


[ ]


[ ]

Date of notice, order etc:

Name of council by which, or person by whom, notice, order etc is given or made:

Land subject thereto:

Nature of requirements contained in notice, order etc:

Time for carrying out requirements:


19. Local Government Act 1999



[ ]



[ ]

Date of notice, order etc:


http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Land%20Tax%20Act%201936

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Local%20Government%20Act%201934




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20. Metropolitan Adelaide Road Widening Plan Act 1972


section 6—Restriction on building work


[ ]


[ ]

Does the restriction apply to all of the land? [ ] If NO, give details about the part of the land to which the restriction applies:

21. Mining Act 1971


Mining tenement (other than an exploration licence) Will this be discharged or satisfied



[ ]

Type of tenement:

Terms of tenement:

Condition(s) (if any) the tenement is subject to:



[ ]

section 9AA—Agreement or order to waive exemption from mining operations


[ ]

Date of agreement or order:

Description of land subject to agreement or order:

Names of parties:

Period of waiver:

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Metropolitan%20Adelaide%20Road%20Widening%20Plan%20Act%201972

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Mining%20Act%201971


26

Terms (and conditions if any) of agreement or order:



[ ]

section 58(a) or 59(8)(b)—Agreement authorising mining operator to enter land or use declared equipment on land


[ ]

Date of agreement:


Names of parties:

Terms of agreement:


section 61—Agreement or order to pay compensation for mining operations Will this be discharged or satisfied



[ ]

Date of agreement or order:

Description of property subject to agreement or order:

Names of parties:

Terms of agreement or order:


Proclamation with respect to a private mine


[ ]


[ ]

Date of proclamation:

22. Native Vegetation Act 1991


Part 4 Division 1—Heritage agreement


[ ]


[ ]

Date of agreement:

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Native%20Vegetation%20Act%201991



27


Names of parties:

Terms of agreement:



[ ]

Part 5 Division 1—Refusal to grant consent, or condition of a consent, to clear native vegetation


[ ]

Date of refusal or grant of consent:

If consent given, condition(s) (if any) of the consent:

23. Natural Resources Management Act 2004


section 97—Notice to pay levy in respect of costs of regional NRM board Will this be discharged or satisfied



[ ]

Date of notice:




[ ]

section 105—Notice to pay levy in respect of right to take water or taking of water


[ ]

Date of notice:



section 115—Notice declaring a penalty


[ ]


[ ]

Date of notice:

Amount of penalty payable:

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Natural%20Resources%20Management%20Act%202004


28



[ ]

section 123—Notice to prepare an action plan for compliance with general statutory duty


[ ]

Date of notice:

Name of authority or person that issued notice:

Requirements of notice (as specified therein):


section 130—Notice to rectify effects of unauthorised activity Will this be discharged or satisfied



[ ]

Date of notice:

Name of relevant authority that issued notice:




[ ]

section 131—Notice to maintain watercourse or lake in good condition


[ ]

Date of notice:





[ ]

section 132—Notice restricting the taking of water or directing action in relation to the taking of water


[ ]

Date of notice:



29

Water resource to which notice applies:




[ ]

section 134—Notice to remove or modify a dam, embankment, wall or other obstruction or object


[ ]

Date of notice:


23.9 section 135—Condition (that remains in force) of a permit

Is this item applicable? ☐


[ ]


[ ]

Date of permit:

Name of relevant authority that granted permit:

Condition(s) of permit:



[ ]

section 145—Notice to take remedial or other action in relation to a well


[ ]

Date of notice:

Location of well:




[ ]

section 181—Notice of instruction as to keeping or management of animal or plant


[ ]


30

Date of notice:

Name of authorised officer who issued notice:



section 183—Notice to prepare an action plan for the destruction or control of animals or plants


[ ]


[ ]

Date of notice:




section 185—Notice to pay costs of destruction or control of animals or plants on road reserve


[ ]


[ ]

Date of notice:

Name of authority that issued notice:

Amount payable (as specified in notice):



[ ]

section 187—Notice requiring control or quarantine of animal or plant


[ ]

Date of notice:



section 193—Protection order to secure compliance with specified provisions of the Act


[ ]



31


[ ]

Date of order:

Name of authority or person who issued order:

Requirements of order (as specified therein):


section 195—Reparation order requiring specified action or payment to make good damage resulting from contravention of the Act


[ ]


[ ]

Date of order:





[ ]

section 197—Reparation authorisation authorising specified action to make good damage resulting from contravention of the Act Are there attachments?


[ ]

Date of authorisation:

Name of relevant authority that issued authorisation:

Person authorised to take action:

Requirements of authorisation (as specified therein):

24. Phylloxera and Grape Industry Act 1995


section 23(1)—Notice of contribution payable


[ ]


[ ]

Date of notice:

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Phylloxera%20and%20Grape%20Industry%20Act%201995


32

Name of person or body giving notice:

Terms of notice:


25. Plant Health Act 2009


section 8 or 9—Notice or order concerning pests


[ ]


[ ]




26. Public and Environmental Health Act 1987 (repealed)


Part 3—Notice


[ ]


[ ]

Date of notice:

Name of council or other authority giving notice:




[ ]

Public and Environmental Health (Waste Control) Regulations 2010 (or 1995) (revoked) Part 2—Condition (that continues to apply) of an approval Are there attachments?


[ ]

Date of approval:

Name of relevant authority that granted the approval:

Condition(s) of approval:


Public and Environmental Health (Waste Control) Regulations 2010 (revoked) regulation 19—


[ ]

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Plant%20Health%20Act%202009

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Public%20and%20Environmental%20Health%20Act%201987

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=subordleg&legtitle=Public%20and%20Environmental%20Health%20(Waste%20Control)%20Regulations%202010








33

Maintenance order (that has not been complied with)


[ ]

Date of order:

Name of relevant authority giving order:


27. Sewerage Act 1929 (repealed)


Notice, order or demand for payment of sewerage rates, other amounts payable or other requirements made under the Act


[ ]


[ ]



Nature of requirement made:

28. South Australian Public Health Act 2011



[ ]

section 66—Direction or requirement to avert spread of disease


[ ]

Date of direction or requirement:

Name of authority giving direction or making requirement:

Nature of direction or requirement:


section 92—Notice


[ ]


[ ]

Date of notice:

Name of council or other relevant authority giving notice:

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Sewerage%20Act%201929

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=South%20Australian%20Public%20Health%20Act%202011


34



South Australian Public Health (Wastewater) Regulations 2013 Part 4—Condition (that continues to apply) of an approval


[ ]


[ ]

Date of approval:

Name of person or body that granted the approval:


29. Upper South East Dryland Salinity and Flood Management Act 2002 (expired)


section 23—Notice of contribution payable


[ ]


[ ]

Date of notice:

Terms of notice:

Amount payable:

30.Water Industry Act 2012



[ ]

Notice or order under the Act requiring payment of charges or other amounts or making other requirement


[ ]


Name of person or body who served notice or order:

Amount payable (if any) as specified in the notice or order:

Nature of other requirement made (if any) as specified in the notice or order:

31. Water Resources Act 1997

31.1 section 18 (repealed)— Is this item applicable? ☐

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=subordleg&legtitle=South%20Australian%20Public%20Health%20(Wastewater)%20Regulations%202013



http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Upper%20South%20East%20Dryland%20Salinity%20and%20Flood%20Management%20Act%202002

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Water%20Industry%20Act%202012

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Water%20Resources%20Act%201997



35

Condition (that remains in force) of a permit Will this be discharged or satisfied



[ ]

Date of permit:




section 125 (or a corresponding previous enactment)—Notice to pay levy


[ ]


[ ]

Date of notice:


32. Waterworks Act 1932 (repealed)



[ ]

Notice, order or demand for payment of water rates, other amounts payable or other requirements made under the Act


[ ]




33. Other charges


Charge of any kind affecting the land (not included in another item) Will this be discharged or satisfied



[ ]

Person or body in whose favour charge exists:

Nature of charge:

Amount of charge (if known):

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Waterworks%20Act%201932


36

Schedule—Division 2—Other particulars ☐

(section 7(1)(b))

Particulars of transactions in last 12 months ☐

If the vendor, within 12 months before the date of the contract of sale—

(a) obtained title to the land; or

(b) obtained an option to purchase the land; or

(c) entered into a contract to purchase the land (whether on the vendor's own behalf or on behalf of another),

the vendor must provide the following particulars of all transactions relating to the acquisition of the interest that occurred within that 12 month period:

1 The name and address of each party to the transaction and of each person in whom an interest vested as a result of the transaction:

2 The date and nature of each instrument registered on the certificate of title or, if no such instrument has been registered, the date and nature of each document forming the whole or part of a contract relating to the transaction:

3 Particulars of the consideration provided for the purposes of the transaction:

The above particulars must be provided for each transaction.

Particulars relating to community lot (including strata lot) or development lot

☐

1 Name of community corporation:

Address of community corporation:

2 Application must be made in writing to the community corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the community corporation for the documents referred to in 6 unless those documents are obtained from the Lands Titles Registration Office.

3 Particulars supplied by the community corporation or known to the vendor:

(a) particulars of contributions payable in relation to the lot (including details of arrears of contributions related to



37

the lot):

(b) particulars of assets and liabilities of the community corporation:

(c) particulars of expenditure that the community corporation has incurred, or has resolved to incur, and to which the owner of the lot must contribute, or is likely to be required to contribute:

(d) if the lot is a development lot, particulars of the scheme description relating to the development lot and particulars of the obligations of the owner of the development lot under the development contract:

(e) if the lot is a community lot, particulars of the lot entitlement of the lot:

[If any of the above particulars have not been supplied by the community corporation by the date of this statement and are not known to the vendor, state "not known" for those particulars.]

4 Documents supplied by the community corporation that are enclosed:

(a) a copy of the minutes of the general meetings of the community corporation and management committee *for the 2 years preceding this statement/since the deposit of the community plan; (*Strike out or omit whichever is the greater period) [ ]

(b) a copy of the statement of accounts of the community corporation last prepared; [ ]

(c) a copy of current policies of insurance taken out by the community corporation. [ ]

[For each document indicate (YES or NO) whether or not the document has been supplied by the community corporation by the date of this statement.]

5 If "not known" has been specified for any particulars in 3 or a document referred to in 4 has not been supplied, set out the date of the application made to the community corporation and give details of any other steps taken to obtain the particulars or documents concerned:

6 The following documents are enclosed:

(a) a copy of the scheme description (if any) and the development contract (if any);

(b) a copy of the by-laws of the community scheme.

☐

7 The following additional particulars are known to the vendor or have been supplied by the community corporation:

☐


38

8 Further inquiries may be made to the secretary of the community corporation or the appointed community scheme manager.

Name:

Address:

Note—

1 A community corporation must (on application by or on behalf of a current or prospective owner or other relevant person) provide the particulars and documents referred to in 3(a)—(c) and 4 and must also make available for inspection any information required to establish the current financial position of the corporation, a copy of any contract with a body corporate manager and the register of owners and lot entitlements that the corporation maintains: see sections 139 and 140 of the Community Titles Act 1996.

2 Copies of the scheme description, the development contract or the by-laws of the community scheme may be obtained from the community corporation or from the Lands Titles Registration Office.

3 All owners of a community lot or a development lot are bound by the by-laws of the community scheme. The by-laws regulate the rights and liabilities of owners of lots in relation to their lots and the common property and matters of common concern.

4 For a brief description of some of the matters that need to be considered before purchasing a community lot, see Division 3 of this Schedule.

Particulars relating to strata unit ☐

1 Name of strata corporation:

Address of strata corporation:

2 Application must be made in writing to the strata corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the strata corporation for the articles referred to in 6 unless the articles are obtained from the Lands Titles Registration Office.

3 Particulars supplied by the strata corporation or known to the vendor:

(a) particulars of contributions payable in relation to the unit (including details of arrears of contributions related to the unit):

(b) particulars of the assets and liabilities of the strata corporation:



39

(c) particulars of expenditure that the strata corporation has incurred, or has resolved to incur, and to which the unit holder of the unit must contribute, or is likely to be required to contribute:

(d) particulars of the unit entitlement of the unit:

[If any of the above particulars have not been supplied by the strata corporation by the date of this statement and are not known to the vendor, state "not known" for those particulars.]

4 Documents supplied by the strata corporation that are enclosed:

(a) a copy of the minutes of the general meetings of the strata corporation and management committee *for the 2 years preceding this statement/since the deposit of the strata plan; (*Strike out or omit whichever is the greater period) [ ]

(b) a copy of the statement of accounts of the strata corporation last prepared; [ ]

(c) a copy of current policies of insurance taken out by the strata corporation. [ ]

[For each document indicate (YES or NO) whether or not the document has been supplied by the strata corporation by the date of this statement.]

5 If "not known" has been specified for any particulars in 3 or a document referred to in 4 has not been supplied, set out the date of the application made to the strata corporation and give details of any other steps taken to obtain the particulars or documents concerned:

6 A copy of the articles of the strata corporation is enclosed.

7 The following additional particulars are known to the vendor or have been supplied by the strata corporation: ☐

8 Further inquiries may be made to the secretary of the strata corporation or the appointed strata manager.

Name:

Address:

Note—

1 A strata corporation must (on application by or on behalf of a current owner, prospective purchaser or other relevant person) provide the particulars and documents referred to in 3(a)—(c), 4 and 6 and must also make available for inspection its accountancy records and minute books, any contract with a body corporate manager, the register of unit


40

holders and unit holder entitlements that it maintains, the duplicate certificate of title for the common property and any documents in its possession relating to the design and construction of the buildings or improvements on the site or relating to the strata scheme.

2 Copies of the articles of the strata corporation may also be obtained from the Lands Titles Registration Office.

3 All owners of a strata unit are bound by the articles of the strata corporation. The articles regulate the rights and liabilities of owners of units in relation to their units and the common property and matters of common concern.

4 For a brief description of some of the matters that need to be considered before purchasing a strata unit, see Division 3 of this Schedule.

Particulars of building indemnity insurance ☐

Note—

Building indemnity insurance is not required for—

(a) domestic building work for which approval under the Development Act 1993 or the repealed Building Act 1971 is or was not required; or

(b) minor domestic building work (see section 3 of the Building Work Contractors Act 1995); or

(c) domestic building work commenced before 1 May 1987; or

(d) building work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 applies under the Building Work Contractors Regulations 2011; or

(e) building work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 has been granted under section 45 of that Act.

Details of building indemnity insurance still in existence for building work on the land:

1 Name(s) of person(s) insured:

2 Name of insurer:

3 Limitations on the liability of the insurer:

4 Name of builder:

5 Builder's licence number:

6 Date of issue of insurance:

7 Description of insured building work:



41

Exemption from holding insurance:

If particulars of insurance are not given, has an exemption been granted under section 45 of the Building Work Contractors Act 1995 from the requirement to hold an insurance policy in accordance with Division 3 of Part 5 of that Act? [ ] If YES, give details:

(a) Date of the exemption:

(b) Name of builder granted the exemption:

(c) Licence number of builder granted the exemption:

(d) Details of building work to which the exemption applies:

(e) Details of conditions (if any) to which the exemption is subject:

Particulars relating to asbestos at workplaces ☐

1 In these particulars—

asbestos and asbestos containing material have the same meaning as in the Work Health and Safety Regulations 2012;

workplace has the same meaning as in the Work Health and Safety Act 2012.

2 Is there a workplace on the land? [ ]

3 If YES, is there an asbestos register for the workplace? [ ]

4 If YES, does that register record any asbestos or asbestos containing material at the workplace (or likely to be present at the workplace from time to time) and specify the location, type and condition of that asbestos or asbestos containing material? [ ]

5 If YES—

(a) give details of the location, type and condition of the asbestos or asbestos containing material:

(b) has a plan been prepared for the management of asbestos at the workplace? [ ] If YES, give details:

(c) is any asbestos or asbestos containing material to be

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=subordleg&legtitle=Work%20Health%20and%20Safety%20Regulations%202012

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Work%20Health%20and%20Safety%20Act%202012



42

removed before settlement? [ ] If YES, give details:

Note—

1. A register is not required to be prepared for a workplace—

(a) if a register has already been prepared for the workplace; or

(b) if—

(i) the workplace is a building that was constructed after 31 December 2003; and

(ii) no asbestos has been identified at the workplace; and

(iii) no asbestos is likely to be present at the workplace from time to time.

See regulation 425 of the Work Health and Safety Regulations 2012.

2. A person with management or control of a workplace who plans to relinquish management or control must ensure (so far as is reasonably practicable) that the asbestos register is given to the person assuming management or control of the workplace.


Particulars relating to court or tribunal process ☐

If process has issued out of any court or tribunal in relation to a claim—

(a) that is stated to affect the land or the value of which is $5 000 or more; and

(b) that presently affects (or may prospectively affect) title to, or the possession or enjoyment of, the land,

the vendor must provide the following particulars:

1 Name of court or tribunal:

2 Names of parties:

3 Nature of claim:

4 Amount of claim (if applicable):

5 Amount of judgment (if applicable):

6 Name of judgment creditor (if applicable):

Particulars relating to land irrigated or drained under Irrigation Acts ☐





43

1—Land irrigated or drained under Irrigation Act 2009

If the land is land in respect of which water is supplied or delivered, or is drained, through an irrigation or drainage system provided by an irrigation trust under the Irrigation Act 2009—

(a) has the trust given notice under section 40 of that Act in respect of the land? [ ] If YES, specify—

(i) the date on which notice was given:

(ii) the requirements of the notice:

(iii) the amount (if any) payable under section 40(7) of the Act:

(b) has the trust given notice under section 50 of that Act? [ ] If YES, specify—


(ii) the amount payable (including interest, if any):

☐

2—Land irrigated or drained under Renmark Irrigation Trust Act 2009

If the land is land in respect of which water is supplied or delivered, or is drained, through an irrigation or drainage system provided by the Renmark Irrigation Trust under the Renmark Irrigation Trust Act 2009—

(a) has the Trust given notice under section 41 of that Act in respect of the land? [ ] If YES, specify—




(b) has the Trust given notice under section 52 of that Act in respect of the land? [ ] If YES, specify—


(ii) the amount payable (including interest, if

☐

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Irrigation%20Act%202009


http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Renmark%20Irrigation%20Trust%20Act%202009


44

any):

Particulars relating to environment protection ☐

1—Interpretation

(1) In this and the following items (items 1 to 7 inclusive)—

domestic activity has the same meaning as in the Environment Protection Act 1993;

environmental assessment, in relation to land, means an assessment of the existence or nature or extent of—

(a) site contamination (within the meaning of the Environment Protection Act 1993) at the land; or

(b) any other contamination of the land by chemical substances,

and includes such an assessment in relation to water on or below the surface of the land;

EPA means the Environment Protection Authority established under the Environment Protection Act 1993;

pre-1 July 2009 site audit, in relation to land, means a review (carried out by a person recognised by the EPA as an environmental auditor) that examines environmental assessments or remediation of the land for the purposes of determining—

(a) the nature and extent of contamination of the land by chemical substances present or remaining on or below the surface of the land; and

(b) the suitability of the land for a particular use; and

(c) what remediation is or remains necessary for a particular use,

but does not include a site contamination audit (as defined below) completed on or after 1 July 2009;

pre-1 July 2009 site audit report means a detailed written report that sets out the findings of a pre-1 July 2009 site audit;

prescribed commercial or industrial activity—see item 1(2);

prescribed fee means the fee prescribed under the Environment Protection Act 1993 for inspection of, or obtaining copies of information on, the public register;

public register means the public register kept by the EPA under section 109 of the Environment Protection Act 1993;

site contamination audit has the same meaning as in the









45

Environment Protection Act 1993;

site contamination audit report has the same meaning as in the Environment Protection Act 1993.

(2) For the purposes of this and the following items (items 1 to 7 inclusive), each of the following activities (as defined in Schedule 3 clause 2 of the Environment Protection Regulations 2009) is a prescribed commercial or industrial activity:

abrasive blasting acid sulphate soil

generation agricultural activities

airports, aerodromes or aerospace industry

animal burial animal dips or spray race facilities

animal feedlots animal saleyards asbestos disposal

asphalt or bitumen works battery manufacture, recycling or disposal

breweries

brickworks bulk shipping facilities cement works

ceramic works charcoal manufacture coal handling or storage

coke works compost or mulch production or storage

concrete batching works

curing or drying works defence works desalination plants

dredge spoil disposal or storage

drum reconditioning or recycling works

dry cleaning

electrical or electronics component manufacture

electrical substations electrical transformer or capacitor works

electricity generation or power plants

explosives or pyrotechnics facilities

fertiliser manufacture

fibreglass manufacture fill or soil importation fire extinguisher or retardant manufacture

fire stations fire training areas foundry

fuel burning facilities furniture restoration gasworks

glass works glazing hat manufacture or felt processing

incineration iron or steel works laboratories

landfill sites lime burner metal coating, finishing or spray painting

metal forging metal processing, smelting, refining or metallurgical works

mineral processing, metallurgical laboratories or mining or extractive industries

mirror manufacture motor vehicle manufacture motor vehicle racing or testing venues

motor vehicle repair or maintenance

motor vehicle wrecking yards

mushroom farming



http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Environment%20Protection%20Regulations%202009

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Environment%20Protection%20Regulations%202009


46

oil recycling works oil refineries paint manufacture

pest control works plastics manufacture works printing works

pulp or paper works railway operations rubber manufacture or processing

scrap metal recovery service stations ship breaking

spray painting tannery, fellmongery or hide curing

textile operations

transport depots or loading sites

tyre manufacture or retreading

vermiculture

vessel construction, repair or maintenance

waste depots wastewater storage, treatment or disposal

water discharge to underground aquifer

wetlands or detention basins wineries or distilleries

wood preservation works woolscouring or wool carbonising works

works depots (operated by councils or utilities)

2—Pollution and site contamination on the land—questions for vendor

(1) Is the vendor aware of any of the following activities ever

having taken place at the land:

(a) storage, handling or disposal of waste or fuel or other chemicals (other than in the ordinary course of domestic activities)?

(b) importation of soil or other fill from a site at which—

(i) an activity of a kind listed in paragraph (a) has taken place; or

(ii) a prescribed commercial or industrial activity (see item 1(2) above) has taken place?

[ ] If YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:

(2) Is the vendor aware of any prescribed commercial or industrial activities (see item 1(2) above) ever having taken place at the land? [ ] If YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:

(3) Is the vendor aware of any dangerous substances ever having been kept at the land pursuant to a licence under the



47

Dangerous Substances Act 1979? [ ] If YES, give details of all dangerous substances that the vendor is aware of and whether they were kept at the land before or after the vendor acquired an interest in the land:

(4) Is the vendor aware of the sale or transfer of the land or part of the land ever having occurred subject to an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies? [ ] If YES, give details of each sale or transfer and agreement that the vendor is aware of:

(5) Is the vendor aware of an environmental assessment of the land or part of the land ever having been carried out or commenced (whether or not completed)? [ ] If YES, give details of all environmental assessments that the vendor is aware of and whether they were carried out or commenced before or after the vendor acquired an interest in the land:

Note—

These questions relate to details about the land that may be known by the vendor. A "YES" answer to the questions at items 2(1) or 2(2) may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.

A "YES" answer to any of the questions in this item may indicate the need for the purchaser to seek further information regarding the activities, for example, from the council or the EPA.

3—Licences and exemptions recorded by EPA in public register

Does the EPA hold any of the following details in the public register:

(a) details of a current licence issued under Part 6 of the Environment Protection Act 1993 to conduct, at the land—

(i) a waste or recycling depot (as referred to in clause 3(3) of Schedule 1 Part A of that Act); or

(ii) activities producing listed wastes (as referred to in clause 3(4) of Schedule 1 Part A of that Act); or







48

(iii) any other prescribed activity of environmental significance under Schedule 1 of that Act?

[ ]

(b) details of a licence no longer in force issued under Part 6 of the Environment Protection Act 1993 to conduct, at the land—




[ ]

(c) details of a current exemption issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land? [ ]

(d) details of an exemption no longer in force issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land? [ ]

(e) details of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to operate a waste depot at the land? [ ]

(f) details of a licence issued under the repealed Waste Management Act 1987 to operate a waste depot at the land? [ ]

(g) details of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to produce waste of a prescribed kind (within the meaning of that Act) at the land? [ ]

(h) details of a licence issued under the repealed Waste Management Act 1987 to produce prescribed waste (within the meaning of that Act) at the land? [ ]

Note—




http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=South%20Australian%20Waste%20Management%20Commission%20Act%201979


http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Waste%20Management%20Act%201987








49

These questions relate to details about licences and exemptions required to be recorded by the EPA in the public register. If the EPA answers "YES" to any of the questions—

• in the case of a licence or exemption under the Environment Protection Act 1993—

— the purchaser may obtain a copy of the licence or exemption from the public register on payment of the prescribed fee; and

— the purchaser should note that transfer of a licence or exemption is subject to the conditions of the licence or exemption and the approval of the EPA (see section 49 of the Environment Protection Act 1993); and

• in the case of a licence under a repealed Act—the purchaser may obtain details about the licence from the public register on payment of the prescribed fee.

A "YES" answer to any of these questions may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.

The EPA will not provide details about licences to conduct the following prescribed activities of environmental significance (within the meaning of Schedule 1 Part A of the Environment Protection Act 1993): waste transport business (category A), waste transport business (category B), dredging, earthworks drainage, any other activities referred to in Schedule 1 Part A undertaken by means of mobile works, helicopter landing facilities, marinas and boating facilities or discharges to marine or inland waters.

The EPA will not provide details about exemptions relating to—

• the conduct of any of the licensed activities in the immediately preceding paragraph in this note; or

• noise.

4—Pollution and site contamination on the land—details recorded by EPA in public register

Does the EPA hold any of the following details in the public register in relation to the land or part of the land:

(a) details of serious or material environmental harm caused or threatened in the course of an activity (whether or not notified under section 83 of the Environment Protection Act 1993)? [ ]

(b) details of site contamination notified to the EPA under section 83A of the Environment Protection Act 1993? [ ]












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(c) a copy of a report of an environmental assessment (whether prepared by the EPA or some other person or body and whether or not required under legislation) that forms part of the information required to be recorded in the public register? [ ]

(d) a copy of a site contamination audit report? [ ]

(e) details of an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies? [ ]

(f) details of an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993? [ ]

(g) details of an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993? [ ]

(h) details of a notification under section 103Z(1) of the Environment Protection Act 1993 relating to the commencement of a site contamination audit? [ ]

(i) details of a notification under section 103Z(2) of the Environment Protection Act 1993 relating to the termination before completion of a site contamination audit? [ ]

(j) details of records, held by the former South Australian Waste Management Commission under the repealed Waste Management Act 1987, of waste (within the meaning of that Act) having been deposited on the land between 1 January 1983 and 30 April 1995? [ ]

Note—

These questions relate to details required to be recorded by the EPA in the public register. If the EPA answers "YES" to any of the questions, the purchaser may obtain those details from the public register on payment of the prescribed fee.

5—Pollution and site contamination on the land—other details held by EPA










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Does the EPA hold any of the following details in relation to the land or part of the land:

(a) a copy of a report known as a "Health Commission Report" prepared by or on behalf of the South Australian Health Commission (under the repealed South Australian Health Commission Act 1976)? [ ]

(b) details (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993? [ ]

(c) details (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993? [ ]

(d) a copy of a pre-1 July 2009 site audit report? [ ]

(e) details relating to the termination before completion of a pre-1 July 2009 site audit? [ ]

Note—

These questions relate to details that the EPA may hold. If the EPA answers "YES" to any of the questions, the purchaser may obtain those details from the EPA (on payment of any fee fixed by the EPA).

6—Further information held by councils

Does the council hold details of any development approvals relating to—

(a) commercial or industrial activity at the land; or

(b) a change in the use of the land or part of the land (within the meaning of the Development Act 1993)?

[ ]

Note—

The question relates to information that the council for the area in which the land is situated may hold. If the council answers "YES" to

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=South%20Australian%20Health%20Commission%20Act%201976






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the question, it will provide a description of the nature of each development approved in respect of the land. The purchaser may then obtain further details from the council (on payment of any fee fixed by the council). However, it is expected that the ability to supply further details will vary considerably between councils.

A "YES" answer to paragraph (a) of the question may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.

It should be noted that—

• the approval of development by a council does not necessarily mean that the development has taken place;

• the council will not necessarily be able to provide a complete history of all such development that has taken place at the land.

7—Further information for purchasers

Note—

The purchaser is advised that other matters under the Environment Protection Act 1993 (that is, matters other than those referred to in this Statement) that may be relevant to the purchaser's further enquiries may also be recorded in the public register. These include:

• details relating to environmental authorisations such as applications, applicants, locations of activities, conditions, suspension, cancellation or surrender of authorisations, disqualifications, testing requirements and test results;

• details relating to activities undertaken on the land under licences or other environmental authorisations no longer in force;

• written warnings relating to alleged contraventions of the Environment Protection Act 1993;

• details of prosecutions and other enforcement action;

• details of civil proceedings;

• other details prescribed under the Environment Protection Act 1993 (see section 109(3)(l)).









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Details of these matters may be obtained from the public register on payment to the EPA of the prescribed fee.

If—

• an environment performance agreement, environment protection order, clean-up order, clean-up authorisation, site contamination assessment order or site remediation order has been registered on the certificate of title for the land; or

• a notice of declaration of special management area in relation to the land has been gazetted; or

• a notation has been made on the certificate of title for the land that a site contamination audit report has been prepared in respect of the land; or

• a notice of prohibition or restriction on taking water affected by site contamination in relation to the land has been gazetted,

it will be noted in the items under the heading Environment Protection Act 1993 under the Table of Particulars in this Statement. Details of any registered documents may be obtained from the Lands Titles Registration Office.

Particulars relating to Livestock Act 1997 ☐

1 Has any notice under section 33 or 37 of the Livestock Act 1997

been made that affects, presently or prospectively, enjoyment of the land? [ ] If YES, give details of the following:

Date of notice:

Terms of notice:

2 Has any order under section 38, or notice under section 72, of the Livestock Act 1997 been issued to the vendor in relation to the land or any building on the land? [ ] If YES, give details of the following:

Date of order or notice:

Terms of order or notice:

Schedule—Division 3—Community lots and strata units ☐

Matters to be considered in purchasing a community lot or strata unit

The property you are buying is on strata or community title. There are




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special obligations and restrictions that go with this kind of title. Make sure you understand these. If unsure, seek legal advice before signing a contract. For example:

Governance You will automatically become a member of the body corporate, which includes all owners and has the job of maintaining the common property and enforcing the rules. Decisions, such as the amount you must pay in levies, will be made by vote of the body corporate. You will need to take part in meetings if you wish to have a say. If outvoted, you will have to live with decisions that you might not agree with.

If you are buying into a mixed use development (one that includes commercial as well as residential lots), owners of some types of lots may be in a position to outvote owners of other types of lots. Make sure you fully understand your voting rights, see later.

Use of your property You, and anyone who visits or occupies your property, will be bound by rules in the form of articles or by-laws. These can restrict the use of the property, for example, they can deal with keeping pets, car parking, noise, rubbish disposal, short-term letting, upkeep of buildings and so on. Make sure that you have read the articles or by-laws before you decide whether this property will suit you.

Depending on the rules, you might not be permitted to make changes to the exterior of your unit, such as installing a television aerial or an air-conditioner, building a pergola, attaching external blinds etc without the permission of the body corporate. A meeting may be needed before permission can be granted. Permission may be refused.

Note that the articles or by-laws could change between now and when you become the owner: the body corporate might vote to change them. Also, if you are buying before the community plan is registered, then any by-laws you have been shown are just a draft.

Are you buying a debt? If there are unpaid contributions owing on this property, you can be made to pay them. You are entitled to know the financial state of the body corporate and you should make sure you see its records before deciding whether to buy. As a prospective owner, you can write to the body corporate requiring to see the records, including minutes of meetings, details of assets and liabilities, contributions payable, outstanding or planned expenses and insurance policies. There is a fee. To make a request, write to the secretary or management committee of the body corporate.

Expenses The body corporate can require you to maintain your property, even if you do not agree, or can carry out maintenance and bill you for it.

The body corporate can require you to contribute to the cost of upkeep of the common property, even if you do not agree. Consider what future



55

maintenance or repairs might be needed on the property in the long term.

Guarantee As an owner, you are a guarantor of the liabilities of the body corporate. If it does not pay its debts, you can be called on to do so. Make sure you know what the liabilities are before you decide to buy. Ask the body corporate for copies of the financial records.

Contracts The body corporate can make contracts. For example, it may engage a body corporate manager to do some or all of its work. It may contract with traders for maintenance work. It might engage a caretaker to look after the property. It might make any other kind of contract to buy services or products for the body corporate. Find out what contracts the body corporate is committed to and the cost.

The body corporate will have to raise funds from the owners to pay the money due under these contracts. As a guarantor, you could be liable if the body corporate owes money under a contract.

Buying off the plan If you are buying a property that has not been built yet, then you cannot be certain what the end product of the development process will be. If you are buying before a community plan has been deposited, then any proposed development contract, scheme description or by-laws you have been shown could change.

Mixed use developments—voting rights You may be buying into a group that is run by several different community corporations. This is common in mixed use developments, for example, where a group of apartments is combined with a hotel or a group of shops. If there is more than one corporation, then you should not expect that all lot owners in the group will have equal voting rights. The corporations may be structured so that, even though there are more apartments than shops in the group, the shop owners can outvote the apartment owners on some matters. Make enquiries so that you understand how many corporations there are and what voting rights you will have.

Further information The Real Estate Institute of South Australia provides an information service for enquiries about real estate transactions, see www.reisa.com.au.

A free telephone Strata and Community Advice Service is operated by the Legal Services Commission of South Australia: call 1300 366 424. Information and a booklet about strata and community titles is available from the Legal Services Commission at www.lsc.sa.gov.au.

You can also seek advice from a legal practitioner.


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9—Variation of Schedule 1—Contracts for sale of land or businesses—forms Schedule 1, Form 2—delete the form and substitute:

Form 2—Vendor’s statement (section 8) Land and Business (Sale and Conveyancing) Act 1994

Contents

Preliminary Part A—Parties and business Part B—Purchaser's cooling-off rights and proceeding with the purchase Part C—Statement with respect to required particulars Part D—Certificate of qualified accountant with respect to trading statement †Part E—Certificate with respect to prescribed inquiries by registered agent Schedule 1 †Schedule 2

Preliminary

To the purchaser: The purpose of a statement under section 8 of the Land and Business (Sale and Conveyancing) Act 1994 is to put you on notice of certain particulars concerning the business to be acquired and any land to be acquired as part of that business.

If you intend to carry out building work on the land, change the use of the land or divide the land, you should make further inquiries to determine whether this will be permitted. For example, building work may not be permitted on land not connected to a sewerage system or common drainage scheme if the land is near a watercourse, dam, bore or the River Murray and Lakes.

The Aboriginal Heritage Act 1988 protects any Aboriginal site or object on the land. Details of any such site or object may be sought from the "traditional owners" as defined in that Act.

If you desire additional information, it is up to you to make further inquiries as appropriate.

Instructions to the vendor for completing this statement: † means strike out or omit the Part, Schedule, Division, Particulars or item if not applicable. * means strike out or omit the option that is not applicable.

If there is insufficient space to provide any particulars required, continue on attachments.



57

The particulars set out under the headings "Particulars relating to environment protection" and "Particulars relating to Livestock Act 1997" in Schedule 2 Division 2 must be included if the matters set out under those headings affect, presently or prospectively, the business the subject of the sale, regardless of whether land is sold under the contract for sale of the business. If land is sold under the contract, the particulars must be included in relation to both the land and the business the subject of the sale.

Part A—Parties and business 1 Purchaser:

Address:

†2 Purchaser's registered agent: Address:

3 Vendor: Address:

†4 Vendor's registered agent: Address:

5 Date of contract (if made before this statement is served):

6 Description of business: Address where business carried on:

†7 Description of the land: [Identify the land including any certificate of title reference]

Part B—Purchaser's cooling-off rights and proceeding with the purchase To the purchaser:

Right to cool-off

(section 5)

1—Right to cool-off and restrictions on that right You may notify the vendor of your intention not to be bound by the contract for the sale of the business UNLESS—

(a) this form has been served on you not less than 5 clear business days before the making of the contract; or

(b) you have, before signing the contract, received independent legal advice from a legal practitioner and the legal practitioner has signed a certificate in the prescribed form as to the giving of that advice; or

(c) you purchased by auction; or

(d) you purchased on the same day as you, or some person on your behalf, bid at the auction of the business; or


58

(e) the sale is by tender and the contract is made not less than 5 clear business days after the day fixed for the closing of tenders and not less than 5 clear business days after service of this form; or

(f) the contract is made by the exercise of an option to purchase the business not less than 5 clear business days after the grant of the option and not less than 5 clear business days after service of this form; or

(g) the business is not a small business.

2—Time for service The cooling-off notice must be served—

(a) before the end of the fifth clear business day after the day on which this form is served on you; or

(b) before settlement takes place,

whichever is the earlier.

3—Form of cooling-off notice The cooling-off notice must be in writing and must be signed by you.

4—Methods of service The cooling-off notice must be—

(a) given to the vendor personally; or

(b) posted by registered post to the vendor at the following address: (being the vendor's last known address); or

(c) transmitted by fax or email to the following fax number or email address: (being a number or address provided to you by the vendor for the purpose of service of the notice); or

(d) left for the vendor's agent (with a person apparently responsible to the agent) at, or posted by registered post to the agent at, the following address: (being *the agent's address for service under the Land Agents Act 1994/an address nominated by the agent to you for the purpose of service of the notice).

Note—

Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling-off notice on the purchaser. It is therefore strongly recommended that—

(a) if you intend to serve the notice by leaving it for the vendor's agent at the agent's address for service or an address nominated by the agent, you obtain an acknowledgment of service of the notice in writing;







59

(b) if you intend to serve the notice by fax or email, you obtain a record of the transmission of the fax or email.

5—Effect of service If you serve such a cooling-off notice on the vendor, the contract will be taken to have been rescinded at the time when the notice was served. You are then entitled to the return of any money you paid under the contract other than—

(a) the amount of any deposit paid if the deposit did not exceed $100; or

(b) an amount paid for an option to purchase the business.

Proceeding with the purchase

If you wish to proceed with the purchase—

(a) it is strongly recommended that you take steps to make sure that the business and your interest in the property are adequately insured against loss or damage;

(b) pay particular attention to the provisions in the contract as to time of settlement—it is essential that the necessary arrangements are made to complete the purchase by the agreed date—if you do not do so, you may be in breach of the contract;

(c) you are entitled to retain the solicitor or registered conveyancer of your choice.

Part C—Statement with respect to required particulars

(section 8(1))

To the purchaser:

*I/We, of being the *vendor(s)/person authorised to act on behalf of the vendor(s) in relation to the transaction state—

(a) that the particulars set out in Schedule 1—

(i) are correct; and

(ii) are the particulars in relation to the business required to be given to you pursuant to section 8(1)(b) of the Land and Business (Sale and Conveyancing) Act 1994 (the Act); and

†(b) that the sale of the business involves the sale of land and that Schedule 2 contains all particulars required to be given to you pursuant to section 7(1) of the Act.

Date: Signed:


60

Part D—Certificate of qualified accountant with respect to trading statement (section 8(2))

To the purchaser:

I, †for [name of business that the accountant represents] of being a member of [professional accounting body] and a qualified accountant, certify—

(a) that *I have/a person acting on my behalf has examined the records and accounts of the business for each of the financial years recorded on the trading statement in Division 1 of Schedule 1; and

†(b) that—

(i) in my opinion, the trading statement fairly and accurately represents the financial operations of the business; and

(ii) I am not aware of any circumstances that would render any particulars included in the trading statement inaccurate or misleading.

OR

†(b) that—

†(i) in my opinion, the trading statement fairly and accurately represents the financial operations of the business, subject to the following qualifications: [Insert qualifications]; and

OR

†(i) in my opinion, the trading statement may not fairly and accurately represent the financial operations of the business because: [Provide clarification on individual items contained in Division 1 of Schedule 1 or general comments on the information contained in the records and accounts of the business, eg comments on the state of the records or accounts, the basis for deriving results, highlight and comment on included estimates etc. If space is insufficient, continue on attachments.]; and

(ii) I am not aware of any other circumstances that would render any particulars included in the trading statement inaccurate or misleading.

Date: Signed: Note—

This certificate must be signed by the accountant personally and cannot be signed by the vendor even if he or she is a qualified accountant.



61

†Part E—Certificate with respect to prescribed inquiries by registered agent (section 9)

To the purchaser:

I, certify *that the responses/that, subject to the exceptions stated below, the responses to the inquiries made pursuant to section 9 of the Land and Business (Sale and Conveyancing) Act 1994 confirm the completeness and accuracy of the particulars set out in Schedule 2. Exceptions:

Date: Signed:

*Vendor's/Purchaser's agent *Person authorised to act on behalf of *Vendor's/Purchaser's agent

Schedule 1—Division 1—Prescribed particulars relating to business


Financial year means the year in respect of which the accounts of the business are made up. If by reason of any alteration of the date on which the financial year of the business terminates, the accounts have been made up for a period greater or less than 1 year, that period may be regarded as a financial year.

If the vendor has carried on the business for less than 3 financial years, this statement must be completed for the period commencing on the day that the vendor commenced to carry on the business and ending immediately prior to the first day of the following financial year, and thereafter for each successive financial year.

If the vendor has carried on the business for a period in which the financial year does not terminate, this statement applies to the period from the day on which the vendor commenced to carry on the business to the date specified in this Schedule.

1—Summary Name of vendor: Location of business: Date vendor commenced in the business:


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Financial Year or Period

Average Weekly

Sales $

Gross Income Per

Annum/Week$

Overhead Costs Per

Annum/Week$

Net Profit Per Annum/Week

$

Normal Daily Trading Hours From: To:

Commencing on:

Ending on:

S M T W T F S

Commencing on:

Ending on:

S M T W T F S

Commencing on:

Ending on:

S M T W T F S

2—Plant and equipment

Depreciated value of plant and equipment as at the end of the last financial year: $ Note—

A depreciation Schedule must be attached.

3—Trading statement for last 3 financial years

Period From: To:

Period From: To:

Period From: To:

Gross takings (sales) Less:

cost of goods sold

opening stock

plus purchases

less closing stock

Profit from sales $ $ $

Profit from sales as a percentage of gross takings % % %



63

Period From: To:

Period From: To:

Period From: To:

Add

other income received:

fees

commissions

other [specify]

GROSS INCOME $ $ $

Less:

Advertising

Accounting fees

Bad debts

ADI charges (excluding interest)

Cleaning and laundry

Depreciation

Directors' fees

Equipment hire

Insurance

Leasing or rental purchase of:

• equipment/plant

• motor vehicles

Licences, trade subscriptions

Light and power

Motor vehicles expenses

Rates and taxes

Rent

Repairs and maintenance

Stamps (for resale)

Stationery and postage

Superannuation employer contributions:

• award/productivity superannuation

• Commonwealth superannuation guarantee charge/levy

• employer superannuation scheme

Telephone


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Period From: To:

Period From: To:

Period From: To:

Training expenses (other than by way of wages or salary paid to employee)

Wages and salaries

WorkCover premium

Wrappings

Sundries

Other expenses [specify]

Trading Profit $ $ $

Add:

Personal expenses of owner (ie drawings) where included above

Goods taken for own use

Private expenses/cash

(Proprietor's) wages

NET PROFIT $ $ $

Net profit before income tax as a percentage of gross income % % %

Schedule 1—Division 2—Further prescribed particulars relating to business

(section 8(1)(b)) 1 (1) The vendor has carried on the business for a period

of *years/months commencing on:

(2) The vendor has carried on the business at the present location for *years/months.

(3) The name of the registered proprietor of the fee simple of the location at which the business is presently carried on is:

†The name of the person who granted to the vendor the lease or licence to occupy that location is: Note—

If the purchaser is not acquiring the fee simple of the location at which the business is presently carried on, it is necessary for the purchaser to ensure that he or she has a right to occupy the location.

2 (1) The vendor's *lease/tenancy agreement/licence is *verbal/in writing but not registered on the certificate of title/registered on the certificate of title.

(2) The particulars of the vendor's *lease/tenancy agreement/licence are as follows:

(a) date of current *lease/tenancy agreement/licence:



65

(b) term of current *lease/tenancy agreement/licence:

(c) date of expiry of current *lease/tenancy agreement/licence:

(d) rates and taxes payable by *landlord/licensor:

(e) rates and taxes payable by *tenant/licensee:

(f) right of renewal for the following period:

(g) present rent: $ per

(h) due date for next adjustment of rent:

(i) rent adjustment provisions for the term of the *lease/tenancy agreement/licence:

(3) Have any written notices been given by the landlord or licensor to the vendor pursuant to the terms of the *lease/tenancy agreement/licence that have not been complied with? *YES/NO If YES, give details:

(4) Is the vendor aware of any written notice served on the landlord or licensor, or any circumstance, that may prospectively have a significant adverse effect on the business? *YES/NO If YES, give details:

3 (1) The following goods (including plant, equipment, fixtures, fittings and stock in trade) in which any person has a present or contingent interest (whether by virtue of a mortgage, charge, lease or otherwise) are included in the sale:

Description of goods

Nature of interest and date of grant or creation

Name and address of person entitled to that interest

(2) The following goods may have been used by the vendor or may have been included in the vendor's books of account (including depreciation Schedules) but are to be retained by the vendor and not sold to the purchaser of the business:

4 Has any order been given under section 46 of the Food Act 2001 prohibiting the use of unclean, insanitary or unfit equipment for the manufacture, processing, transportation, preservation, display or other handling of food for sale? *YES/NO If YES, specify—

Date order given:

Name of authority or person giving the order:

Requirements of the order:

5 (1) Is there a workplace within the meaning of the Work Health and Safety Act 2012 used in the business? *YES/NO

(2) If YES, is there an asbestos register for the workplace? *YES/NO




66

(3) If YES, does that register record any asbestos or asbestos containing material at the workplace (or likely to be present at the workplace from time to time) and specify the location, type and condition of that asbestos or asbestos containing material? *YES/NO

(4) If YES—


(b) has a plan been prepared for the management of asbestos at the workplace? *YES/NO If YES, give details:

(c) is any asbestos or asbestos containing material to be removed before settlement? *YES/NO If YES, give details:

(5) In this clause—

asbestos and asbestos containing material have the same meaning as in the Work Health and Safety Regulations 2012. Note—

1 A register is not required to be prepared for a workplace—


(b) if—





2 A person with management or control of a workplace who plans to relinquish management or control must ensure (so far as is reasonably practicable) that the asbestos register is given to the person assuming management or control of the workplace. See regulation 428 of the Work Health and Safety Regulations 2012.

6 During the period between the end of the most recent financial year or period covered in the summary of Division 1 of Schedule 1 and the date appearing in Part C of this statement—

(a) the business *was/was not satisfactorily maintained

(b) no circumstances adversely affecting the business arose except the following:

(c) the average weekly sales have been: $








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(d) the daily hours of trading have been:

7 During the period referred to in item 6, have any circumstances arisen or have any trading practices been adopted (including any substantial discounting of goods or services) that have affected—

(a) the gross profit of the business in dollar terms? *YES/NO

(b) the gross profit of the business in percentage terms? *YES/NO

If the answer to either question is YES, give full particulars:

†8 (1) The asking price of the business (excluding stock and freehold interest in land (if any) being sold) is:

(2) The estimated value of stock to be acquired with the business is:

(3) The asking price for the business (including estimated value of stock but excluding price for land sold) is: († Strike out or omit this item if the sale is by auction)

9 (1) Does the business operate as a *company/sole trader/partnership/association, charitable or other organisation?

(2) Does the vendor work in the business? *YES/NO

(3) Does any other person work in the business? *YES/NO

(4) If the business operates as a partnership, are all of the other persons who work in the business partners in the business? *YES/NO

(5) Has the vendor ever been registered with WorkCover Corporation as an employer? *YES/NO If YES, is the vendor currently so registered? *YES/NO Note—

To the purchaser:

You must register with WorkCover Corporation as an employer within 14 days of commencing to employ workers if the amount payable to your workers in a financial year (being a financial year for the purposes of regulation 9 of the Workers Rehabilitation and Compensation Regulations 2010) exceeds $10 870 (indexed from 2009) in total, otherwise significant penalties may be imposed.

You should determine whether the vendor has any workers suffering a work disability (particularly where their employment has been or is about to be terminated) as you may be required to take on the vendor's obligations under the Workers Rehabilitation and Compensation Act 1986. (This information may be provided to you by the vendor subject to the confidentiality provisions applicable to employers under section 112AA of that Act). The premium payable by you (compared to that currently paid by the vendor) may be affected by your willingness to retain, employ or re-employ disabled workers with compensable injuries.

10 The following persons (including the vendor and members of the vendor's family whether or not remunerated) are engaged in the business in the following full-time and part-time positions on the days, for the hours and at the rates of pay set out below:

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=subordleg&legtitle=Workers%20Rehabilitation%20and%20Compensation%20Regulations%202010

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=subordleg&legtitle=Workers%20Rehabilitation%20and%20Compensation%20Regulations%202010


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1Position / functions (if any)

Relationship to vendor

Days per week Hours per .... Rate of pay

$ per

1If a person works in the business more than 20 hours per week, also provide the employee's name in the first column.

Where the days or hours worked, or the rate of pay, or both, cannot be described as required above, provide alternative details:

11 Is there any current entitlement in excess of 3 working days in respect of any employee to—

(a) Long service leave *YES/NO

(b) Annual recreation leave *YES/NO

(c) Sick leave *YES/NO

(d) Other leave *YES/NO If YES, specify type of leave:

12 The vendor's income tax return was lodged by—

Name:

Address:

Occupation:

The year of the last return being:

†Schedule 2—Division 1—Particulars of mortgages, charges and prescribed encumbrances affecting the land


Section 7(3) of the Act provides that this statement need not include reference to charges arising from the imposition of rates or taxes less than 12 months before the date of service of the statement.

All the particulars required by column 3 of the table below in relation to a mortgage, charge or prescribed encumbrance referred to in column 1 must be set out in column 3 unless—

(a) a copy of a document is attached to this statement and—

(i) all the required particulars are contained in that document; and

(ii) those parts of the document that contain the required particulars are identified in column 3; or

(b) the mortgage, charge or prescribed encumbrance—

(i) is one of the following items in the table:

(A) under the heading "General"—

• Lease, agreement for lease, tenancy agreement or licence



69

• Mortgage of land;

(B) under the heading "Other"—

• Caveat

• Lien or notice of a lien

• Charge of any kind affecting the land (not included in another item); and

(ii) is registered on the certificate of title to the land; and

(iii) is to be discharged or satisfied prior to or at settlement.

Table of particulars

Column 1 Prescribed encumbrance

Column 2 Is the

encumbrance to be discharged or

satisfied prior to or at settlement?

Column 3 Other particulars required

Part 1—Items that must be included in statement

[If an item is not applicable strike it out or write "NOT APPLICABLE" or "N/A" in column 1.]

General

Easement (whether over the land or annexed to the land) Note—"Easement" includes rights of way and party wall rights.

*YES/NO Description of land subject to easement:

Nature of easement:

Are you aware of any encroachment on the easement? *YES/NO (If YES, give details):

If there is an encroachment, has approval for the encroachment been given? *YES/NO (If YES, give details):

[attach additional page(s) if more than 1 easement]


70


Column 2 Is the




Lease, agreement for lease, tenancy agreement or licence

(The information does not include information about any sublease or subtenancy. That information may be sought by the purchaser from the lessee or tenant or sublessee or subtenant.)

*YES/NO Names of parties:

Period of lease, agreement for lease etc: From to

Amount of rent or licence fee: $ per (period)

Is the lease, agreement for lease etc in writing? *YES/NO

If the lease or licence was granted under an Act relating to the disposal of Crown lands, specify—

(a) the Act under which the lease or licence was granted:

(b) the outstanding amounts due (including any interest or penalty):

Mortgage of land *YES/NO Number of mortgage (if registered): Name of mortgagee:

Restrictive covenant *YES/NO Nature of restrictive covenant:

Name of person in whose favour restrictive covenant operates:

Does the restrictive covenant affect the whole of the land being acquired? *YES/NO (If NO, give details):

Does the restrictive covenant affect land other than that being acquired? *YES/NO



71


Column 2 Is the




Development Act 1993

Part 3—Development Plan *YES/NO Title or other brief description of zone or policy area in which the land is situated (as shown in the Development Plan):

Is the land situated in a designated State Heritage Area? *YES/NO

Is the land designated as a place of local heritage value? *YES/NO

Is there a current Development Plan Amendment released for public consultation by a council on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? *YES/NO

If YES, state the name of the council:

Is there a current Development Plan Amendment released for public consultation by the Minister on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? *YES/NO

section 42—Condition (that continues to apply) of a development authorisation

*YES/NO Date of authorisation:

Name of relevant authority that granted authorisation:

Condition(s) of authorisation:

Repealed Act conditions

Condition (that continues to apply) of an approval or authorisation granted under the Building Act 1971 (repealed), the City of Adelaide Development Control Act 1976 (repealed), the Planning Act 1982 (repealed) or the Planning and Development Act 1966 (repealed)

*YES/NO Nature of condition(s):



72


Column 2 Is the




Part 2—Items to be included if land affected

[If an item is not applicable, strike it out or write "NOT APPLICABLE" or "N/A" in column 1, or else omit the items and headings that are not applicable.]

Aboriginal Heritage Act 1988

section 9—Registration in central archives of an Aboriginal site or object

*YES/NO Particulars of register entry:

section 24—Directions prohibiting or restricting access to, or activities on, a site or an area surrounding a site

*YES/NO Date of notice:

Site or area to which notice relates:

Directions (as stated in notice):

Part 3 Division 6—Aboriginal heritage agreement

*YES/NO Date of agreement:


Names of parties:

Terms of agreement:

Crown Rates and Taxes Recovery Act 1945

section 5—Notice requiring payment


Land in respect of which Crown rates and taxes are owing:

Amount owing (as stated in the notice):

Development Act 1993

section 50(1)—Requirement to vest land in a council or the Crown to be held as open space

*YES/NO Date requirement given:

Name of body giving requirement:

Nature of requirement:


section 50(2)—Agreement to vest land in a council or the Crown to be held as open space


Names of parties:

Terms of agreement:



http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Crown%20Rates%20and%20Taxes%20Recovery%20Act%201945




73


Column 2 Is the




section 55—Order to remove or perform work

*YES/NO Date of order:

Terms of order:



section 56—Notice to complete development





section 57—Land management agreement


Names of parties:

Terms of agreement:

section 60—Notice of intention by building owner


Building work proposed (as stated in the notice):

Other building work as required pursuant to the Act:

section 69—Emergency order *YES/NO Date of order:

Name of authorised officer who made order:

Name of authority that appointed the authorised officer:

Nature of order:


section 71—Fire safety notice *YES/NO Date of notice:

Name of authority giving notice:





74


Column 2 Is the




section 84—Enforcement notice

*YES/NO Date notice given:

Name of relevant authority giving notice:

Nature of directions contained in notice:



section 85(6), 85(10) or 106—Enforcement order

*YES/NO Date order made:

Name of court that made order:

Action number:

Names of parties:

Terms of order:


Part 11 Division 2—Proceedings

*YES/NO Date of commencement of proceedings:

Date of determination or order (if any):

Terms of determination or order (if any):

Emergency Services Funding Act 1998

section 16—Notice to pay levy *YES/NO Date of notice:


Environment Protection Act 1993

section 59—Environment performance agreement that is registered in relation to the land


section 93—Environment protection order that is registered in relation to the land

*YES/NO Date of issue:


section 93A—Environment protection order relating to cessation of activity that is registered in relation to the land



http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Emergency%20Services%20Funding%20Act%201998




75


Column 2 Is the




section 99—Clean-up order that is registered in relation to the land




section 100—Clean-up authorisation that is registered in relation to the land


Amount of charge on the land (if known):

section 103H—Site contamination assessment order that is registered in relation to the land




section 103J—Site remediation order that is registered in relation to the land




section 103N—Notice of declaration of special management area in relation to the land (due to possible existence of site contamination)



Description of area or areas to which the notice relates:

section 103P—Notation of site contamination audit report in relation to the land

*YES/NO Date of notation:

Note—

Site contamination audit reports are kept by the EPA in the public register under section 109 of the Environment Protection Act 1993.

section 103S—Notice of prohibition or restriction on taking water affected by site contamination in relation to the land



Description of the water to which the notice relates:

Particulars given in the notice of the site contamination affecting the water:




76


Column 2 Is the




Fences Act 1975

section 5—Notice of intention to perform fencing work


Name and address of person to whom notice was given or from whom notice was received:

Particulars of relevant boundary:

Kind of fence proposed to be constructed or nature of work proposed to be done to existing fence:

Cost or estimated cost of fence or work (as stated in the notice):

Amount sought by proponent from adjoining owner (as stated in the notice):

If there is a cross-notice under section 6, give details of—

(a) the proposals objected to:

(b) the counter-proposals:

Fire and Emergency Services Act 2005

section 105F (or section 56 or 83 (repealed))—Notice to take action to prevent outbreak or spread of fire


Person or body who issued notice:

Requirements of notice (as stated therein):


Food Act 2001

section 44—Improvement notice


Name of authorised officer who served notice:

Name of authority that appointed officer:


section 46—Prohibition order *YES/NO Date of order:

Name of authority or person who served order:







77


Column 2 Is the




Fruit and Plant Protection Act 1992 (repealed)

section 14 or 15—Notice or order concerning disease

*YES/NO Date of notice or order:



Ground Water (Qualco-Sunlands) Control Act 2000

Part 6—Risk management allocation

*YES/NO Is a waterlogging and salinity risk management allocation attached to the whole or any part of the land? *YES/NO If YES, give details of the allocation and the land to which it is attached:

section 56—Notice to pay share of Trust costs, or for unauthorised use of water, in respect of irrigated property



Heritage Places Act 1993

section 14(2)(b)—Registration of an object of heritage significance

*YES/NO Date of registration:

Description and location of object registered:

section 17 or 18—Provisional registration or registration

*YES/NO Description of place registered:

Has the place been designated as a place of geological, palaeontological or speleological significance or archaeological significance? *YES/NO If YES, give details:

section 30—Stop order *YES/NO Date of order:

Terms of order:

Part 6—Heritage agreement *YES/NO Date of agreement:


Names of parties:

Terms of agreement:

section 38—"No development" order


Terms of order:

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Fruit%20and%20Plant%20Protection%20Act%201992

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Ground%20Water%20(Qualco-Sunlands)%20Control%20Act%202000

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Heritage%20Places%20Act%201993


78


Column 2 Is the




Highways Act 1926

Part 2A—Establishment of control of access from any road abutting the land

*YES/NO Date of establishment of control of access:

Description of boundary of land affected:

Housing Improvement Act 1940

section 23—Declaration that house is undesirable or unfit for human habitation

*YES/NO Date of declaration:

Those particulars required to be provided by a council under section 23:

Part 7 (rent control for substandard houses)—Notice or declaration

*YES/NO Date of notice or declaration:

Those particulars required to be provided by the housing authority under section 60:

Land Acquisition Act 1969

section 10—Notice of intention to acquire


Name of Authority who served notice:

Description of land intended to be acquired (as described in the notice):

Land Tax Act 1936

Notice, order or demand for payment of land tax

*YES/NO Date of notice, order or demand:


Local Government Act 1934


*YES/NO Date of notice, order etc:






http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Highways%20Act%201926


http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Land%20Acquisition%20Act%201969

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Land%20Tax%20Act%201936




79


Column 2 Is the






*YES/NO Date of notice, order etc:






Metropolitan Adelaide Road Widening Plan Act 1972

section 6—Restriction on building work

*YES/NO Does the restriction apply to all of the land? *YES/NO (If NO, give details about the part of the land to which the restriction applies):

Mining Act 1971

Mining tenement (other than an exploration licence)

*YES/NO Type of tenement:

Terms of tenement:

Condition(s) (if any) the tenement is subject to:

section 9AA—Agreement or order to waive exemption from mining operations

*YES/NO Date of agreement or order:

Description of land subject to agreement or order:

Names of parties:

Period of waiver:

Terms (and conditions if any) of agreement or order:

section 58(a) or 59(8)(b)—Agreement authorising mining operator to enter land or use declared equipment on land



Names of parties:

Terms of agreement:


http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Metropolitan%20Adelaide%20Road%20Widening%20Plan%20Act%201972



80


Column 2 Is the




section 61—Agreement or order to pay compensation for mining operations

*YES/NO Date of agreement or order:

Description of property subject to agreement or order:

Names of parties:

Terms of agreement or order:

Proclamation with respect to a private mine

*YES/NO Date of proclamation:

Native Vegetation Act 1991

Part 4 Division 1—Heritage agreement



Names of parties:

Terms of agreement:

Part 5 Division 1—Refusal to grant consent, or condition of a consent, to clear native vegetation

*YES/NO Date of refusal or grant of consent:

If consent given, condition(s) (if any) of the consent:

Natural Resources Management Act 2004

section 97—Notice to pay levy in respect of costs of regional NRM board



section 105—Notice to pay levy in respect of right to take water or taking of water



section 115—Notice declaring a penalty


Amount of penalty payable:

section 123—Notice to prepare an action plan for compliance with general statutory duty


Name of authority or person that issued notice:


section 130—Notice to rectify effects of unauthorised activity




http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Native%20Vegetation%20Act%201991

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Natural%20Resources%20Management%20Act%202004



81


Column 2 Is the




section 131—Notice to maintain watercourse or lake in good condition




section 132—Notice restricting the taking of water or directing action in relation to the taking of water


Water resource to which notice applies:


section 134—Notice to remove or modify a dam, embankment, wall or other obstruction or object



section 135—Condition (that remains in force) of a permit

*YES/NO Date of permit:



section 145—Notice to take remedial or other action in relation to a well


Location of well:


section 181—Notice of instruction as to keeping or management of animal or plant




section 183—Notice to prepare an action plan for the destruction or control of animals or plants




section 185—Notice to pay costs of destruction or control of animals or plants on road reserve


Name of authority that issued notice:

Amount payable (as specified in notice):


82


Column 2 Is the




section 187—Notice requiring control or quarantine of animal or plant



section 193—Protection order to secure compliance with specified provisions of the Act




section 195—Reparation order requiring specified action or payment to make good damage resulting from contravention of the Act




section 197—Reparation authorisation authorising specified action to make good damage resulting from contravention of the Act

*YES/NO Date of authorisation:

Name of relevant authority that issued authorisation:

Person authorised to take action:

Requirements of authorisation (as specified therein):

Phylloxera and Grape Industry Act 1995

section 23(1)—Notice of contribution payable


Name of person or body giving notice:

Terms of notice:


Plant Health Act 2009

section 8 or 9—Notice or order concerning pests




Public and Environmental Health Act 1987 (repealed)

Part 3—Notice *YES/NO Date of notice:

Name of council or other authority giving notice:


http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Phylloxera%20and%20Grape%20Industry%20Act%201995

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Plant%20Health%20Act%202009




83


Column 2 Is the




Public and Environmental Health (Waste Control) Regulations 2010 (or 1995) (revoked) Part 2—Condition (that continues to apply) of an approval

*YES/NO Date of approval:

Name of relevant authority that granted the approval:


Public and Environmental Health (Waste Control) Regulations 2010 (revoked) regulation 19—Maintenance order (that has not been complied with)


Name of relevant authority giving order:


Sewerage Act 1929 (repealed)

Notice, order or demand for payment of sewerage rates, other amounts payable or other requirements made under the Act




South Australian Public Health Act 2011

section 66—Direction or requirement to avert spread of disease

*YES/NO Date of direction or requirement:

Name of authority giving direction or making requirement:

Nature of direction or requirement:

section 92—Notice *YES/NO Date of notice:

Name of council or other relevant authority giving notice:


South Australian Public Health (Wastewater) Regulations 2013 Part 4—Condition (that continues to apply) of an approval

*YES/NO Date of approval:

Name of person or body that granted the approval:





http://www.legislation.sa.gov.au/index.aspx?action=legref&type=subordleg&legtitle=1995




http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Sewerage%20Act%201929






84


Column 2 Is the




Upper South East Dryland Salinity and Flood Management Act 2002 (expired)

section 23—Notice of contribution payable


Terms of notice:

Amount payable:

Water Industry Act 2012

Notice or order under the Act requiring payment of charges or other amounts or making other requirement


Name of person or body who served notice or order:

Amount payable (if any) as specified in the notice or order:

Nature of other requirement made (if any) as specified in the notice or order:

Water Resources Act 1997

section 18 (repealed)—Condition (that remains in force) of a permit

*YES/NO Date of permit:



section 125 (or a corresponding previous enactment)—Notice to pay levy



Waterworks Act 1932 (repealed)

Notice, order or demand for payment of water rates, other amounts payable or other requirements made under the Act




Other

Caveat *YES/NO Name and address of caveator:

Particulars of interest claimed:

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Upper%20South%20East%20Dryland%20Salinity%20and%20Flood%20Management%20Act%202002

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Water%20Resources%20Act%201997

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Waterworks%20Act%201932



85


Column 2 Is the




Lien or notice of a lien *YES/NO Land or other property subject to lien:

Nature of lien:

Name and address of person who has imposed lien or given notice of it:

Charge of any kind affecting the land (not included in another item)

*YES/NO Person or body in whose favour charge exists:

Nature of charge:

Amount of charge (if known):

†Schedule 2—Division 2—Other particulars

(section 7(1)(b) and section 8(1)(b))

†Particulars of transactions in last 12 months

If the vendor, within 12 months before the date of the contract of sale—

(a) obtained title to the land; or

(b) obtained an option to purchase the land; or

(c) entered into a contract to purchase the land (whether on the vendor's own behalf or on behalf of another),

the vendor must provide the following particulars of all transactions relating to the acquisition of the interest that occurred within that 12 month period:

1 The name and address of each party to the transaction and of each person in whom an interest vested as a result of the transaction:

2 The date and nature of each instrument registered on the certificate of title or, if no such instrument has been registered, the date and nature of each document forming the whole or part of a contract relating to the transaction:

3 Particulars of the consideration provided for the purposes of the transaction:

The above particulars must be provided for each transaction.

†Particulars relating to community lot (including strata lot) or development lot 1 Name of community corporation:

Address of community corporation:


86

2 Application must be made in writing to the community corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the community corporation for the documents referred to in 6 unless those documents are obtained from the Lands Titles Registration Office.

3 Particulars supplied by the community corporation or known to the vendor:

(a) particulars of contributions payable in relation to the lot (including details of arrears of contributions related to the lot):

(b) particulars of assets and liabilities of the community corporation:

(c) particulars of expenditure that the community corporation has incurred, or has resolved to incur, and to which the owner of the lot must contribute, or is likely to be required to contribute:

(d) if the lot is a development lot, particulars of the scheme description relating to the development lot and particulars of the obligations of the owner of the development lot under the development contract:

(e) if the lot is a community lot, particulars of the lot entitlement of the lot:

[State "not known" next to any particulars not supplied by the community corporation by the date of this statement and not known to the vendor.]

4 Documents supplied by the community corporation that are enclosed:

(a) a copy of the minutes of the general meetings of the community corporation and management committee *for the 2 years preceding this statement/since the deposit of the community plan; (*Strike out whichever is the greater period)

(b) a copy of the statement of accounts of the community corporation last prepared;

(c) a copy of current policies of insurance taken out by the community corporation.

[State "not supplied" next to any document not supplied by the community corporation by the date of this statement.]

5 If "not known" or "not supplied" has been specified for an item in 3 or 4, set out the date of the application made to the community corporation and give details of any other steps taken to obtain the particulars or documents concerned:

6 The following documents are enclosed:

†(a) a copy of the scheme description (if any) and the development contract (if any);



87

(b) a copy of the by-laws of the community scheme.

†7 The following additional particulars are known to the vendor or have been supplied by the community corporation:

8 Further inquiries may be made to the secretary of the community corporation or the appointed community scheme manager. Name: Address:

Note—

1 A community corporation must (on application by or on behalf of a current or prospective owner or other relevant person) provide the particulars and documents referred to in 3(a)—(c) and 4 and must also make available for inspection any information required to establish the current financial position of the corporation, a copy of any contract with a body corporate manager and the register of owners and lot entitlements that the corporation maintains: see sections 139 and 140 of the Community Titles Act 1996.

2 Copies of the scheme description, the development contract or the by-laws of the community scheme may be obtained from the community corporation or from the Lands Titles Registration Office.

3 All owners of a community lot are bound by the by-laws of the community scheme. The by-laws regulate the rights and liabilities of owners of lots in relation to their lots and the common property and matters of common concern.

4 For a brief description of some of the matters that need to be considered before purchasing a community lot, see Division 3 of this Schedule.

†Particulars relating to strata unit 1 Name of strata corporation:

Address of strata corporation:

2 Application must be made in writing to the strata corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the strata corporation for the articles referred to in 6 unless the articles are obtained from the Lands Titles Registration Office.

3 Particulars supplied by the strata corporation or known to the vendor:

(a) particulars of contributions payable in relation to the unit (including details of arrears of contributions related to the unit):

(b) particulars of the assets and liabilities of the strata corporation:

(c) particulars of expenditure that the strata corporation has incurred, or has resolved to incur, and to which the unit holder of the unit must contribute, or is likely to be required to contribute:

(d) particulars of the unit entitlement of the unit:


88

[State "not known" next to any particulars not supplied by the strata corporation by the date of this statement and not known to the vendor.]

4 Documents supplied by the strata corporation that are enclosed:

(a) a copy of the minutes of the general meetings of the strata corporation and management committee *for the 2 years preceding this statement/since the deposit of the strata plan; (*Strike out whichever is the greater period)

(b) a copy of the statement of accounts of the strata corporation last prepared;

(c) a copy of current policies of insurance taken out by the strata corporation.

[State "not supplied" next to any document not supplied by the strata corporation by the date of this statement.]

5 If "not known" or "not supplied" has been specified for an item in 3 or 4, set out the date of the application made to the strata corporation and give details of any other steps taken to obtain the particulars or documents concerned:

6 A copy of the articles of the strata corporation is enclosed.

†7 The following additional particulars are known to the vendor or have been supplied by the strata corporation:

8 Further inquiries may be made to the secretary of the strata corporation or the appointed strata manager. Name: Address:

Note—

1 A strata corporation must (on application by or on behalf of a current owner, prospective purchaser or other relevant person) provide the particulars and documents referred to in 3(a)—(c), 4 and 6 and must also make available for inspection its accountancy records and minute books, any contract with a body corporate manager, the register of unit holders and unit holder entitlements that it maintains, the duplicate certificate of title for the common property and any documents in its possession relating to the design and construction of the buildings or improvements on the site or relating to the strata scheme.

2 Copies of the articles of the strata corporation may also be obtained from the Lands Titles Registration Office.

3 All owners of a strata unit are bound by the articles of the strata corporation. The articles regulate the rights and liabilities of owners of units in relation to their units and the common property and matters of common concern.

4 For a brief description of some of the matters that need to be considered before purchasing a strata unit, see Division 3 of this Schedule.



89

†Particulars of building indemnity insurance Note—

Building indemnity insurance is not required for—

(a) domestic building work for which approval under the Development Act 1993 or the repealed Building Act 1971 is or was not required; or

(b) minor domestic building work (see section 3 of the Building Work Contractors Act 1995); or

(c) domestic building work commenced before 1 May 1987; or

(d) building work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 applies under the Building Work Contractors Regulations 2011; or

(e) building work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 has been granted under section 45 of that Act.

Details of building indemnity insurance still in existence for building work on the land:

1 Name(s) of person(s) insured:

2 Name of insurer:

3 Limitations on the liability of the insurer:

4 Name of builder:

5 Builder's licence number:

6 Date of issue of insurance:

7 Description of insured building work:

Exemption from holding insurance: If particulars of insurance are not given, has an exemption been granted under section 45 of the Building Work Contractors Act 1995 from the requirement to hold an insurance policy in accordance with Division 3 of Part 5 of that Act? *YES/NO

If YES, give details:

(a) Date of the exemption:

(b) Name of builder granted the exemption:

(c) Licence number of builder granted the exemption:

(d) Details of building work to which the exemption applies:

(e) Details of conditions (if any) to which the exemption is subject:

†Particulars relating to asbestos at workplaces 1 In these particulars—

asbestos and asbestos containing material have the same meaning as in the Work Health and Safety Regulations 2012;

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Building%20Work%20Contractors%20Act%201995



90

workplace has the same meaning as in the Work Health and Safety Act 2012.

2 Is there a workplace on the land? *YES/NO

3 If YES, is there an asbestos register for the workplace? *YES/NO

4 If YES, does that register record any asbestos or asbestos containing material at the workplace (or likely to be present at the workplace from time to time) and specify the location, type and condition of that asbestos or asbestos containing material? *YES/NO

5 If YES—


(b) has a plan been prepared for the management of asbestos at the workplace? *YES/NO If YES, give details:

(c) is any asbestos or asbestos containing material to be removed before settlement? *YES/NO If YES, give details:

Note—

1. A register is not required to be prepared for a workplace—


(b) if—





2. A person with management or control of a workplace who plans to relinquish management or control must ensure (so far as is reasonably practicable) that the asbestos register is given to the person assuming management or control of the workplace.


†Particulars relating to court or tribunal process If process has issued out of any court or tribunal in relation to a claim—

(a) that is stated to affect the land or the value of which is $5 000 or more; and

(b) that presently affects (or may prospectively affect) title to, or the possession or enjoyment of, the land,

the vendor must provide the following particulars:

1 Name of court or tribunal:







91

2 Names of parties:

3 Nature of claim:

4 Amount of claim (if applicable):

5 Amount of judgment (if applicable):

6 Name of judgment creditor (if applicable):

†Particulars relating to land irrigated or drained under Irrigation Acts

†1—Land irrigated or drained under Irrigation Act 2009 If the land is land in respect of which water is supplied or delivered, or is drained, through an irrigation or drainage system provided by an irrigation trust under the Irrigation Act 2009—

(a) has the trust given notice under section 40 of that Act in respect of the land? *YES/NO If YES, specify—




(b) has the trust given notice under section 50 of that Act? *YES/NO If YES, specify—



†2—Land irrigated or drained under Renmark Irrigation Trust Act 2009

If the land is land in respect of which water is supplied or delivered, or is drained, through an irrigation or drainage system provided by the Renmark Irrigation Trust under the Renmark Irrigation Trust Act 2009—

(a) has the Trust given notice under section 41 of that Act in respect of the land? *YES/NO If YES, specify—




(b) has the Trust given notice under section 52 of that Act in respect of the land? *YES/NO If YES, specify—





92



†Particulars relating to environment protection

1—Interpretation (1) In this and the following items (items 1 to 7 inclusive)—

domestic activity has the same meaning as in the Environment Protection Act 1993;

environmental assessment, in relation to land, means an assessment of the existence or nature or extent of—

(a) site contamination (within the meaning of the Environment Protection Act 1993) at the land; or

(b) any other contamination of the land by chemical substances,

and includes such an assessment in relation to water on or below the surface of the land;

EPA means the Environment Protection Authority established under the Environment Protection Act 1993;

pre-1 July 2009 site audit, in relation to land, means a review (carried out by a person recognised by the EPA as an environmental auditor) that examines environmental assessments or remediation of the land for the purposes of determining—

(a) the nature and extent of contamination of the land by chemical substances present or remaining on or below the surface of the land; and

(b) the suitability of the land for a particular use; and

(c) what remediation is or remains necessary for a particular use,

but does not include a site contamination audit (as defined below) completed on or after 1 July 2009;

pre-1 July 2009 site audit report means a detailed written report that sets out the findings of a pre-1 July 2009 site audit;

prescribed commercial or industrial activity—see item 1(2);

prescribed fee means the fee prescribed under the Environment Protection Act 1993 for inspection of, or obtaining copies of information on, the public register;

public register means the public register kept by the EPA under section 109 of the Environment Protection Act 1993;

site contamination audit has the same meaning as in the Environment Protection Act 1993;

site contamination audit report has the same meaning as in the Environment Protection Act 1993.













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(2) For the purposes of this and the following items (items 1 to 7 inclusive), each of the following activities (as defined in Schedule 3 clause 2 of the Environment Protection Regulations 2009) is a prescribed commercial or industrial activity:

abrasive blasting acid sulphate soil generation

agricultural activities

airports, aerodromes or aerospace industry

animal burial animal dips or spray race facilities

animal feedlots animal saleyards asbestos disposal

asphalt or bitumen works

battery manufacture, recycling or disposal

breweries

brickworks bulk shipping facilities cement works

ceramic works charcoal manufacture coal handling or storage

coke works compost or mulch production or storage

concrete batching works

curing or drying works defence works desalination plants

dredge spoil disposal or storage

drum reconditioning or recycling works

dry cleaning

electrical or electronics component manufacture

electrical substations electrical transformer or capacitor works

electricity generation or power plants

explosives or pyrotechnics facilities

fertiliser manufacture

fibreglass manufacture fill or soil importation fire extinguisher or retardant manufacture

fire stations fire training areas foundry

fuel burning facilities furniture restoration gasworks

glass works glazing hat manufacture or felt processing

incineration iron or steel works laboratories

landfill sites lime burner metal coating, finishing or spray painting

metal forging metal processing, smelting, refining or metallurgical works

mineral processing, metallurgical laboratories or mining or extractive industries

mirror manufacture motor vehicle manufacture

motor vehicle racing or testing venues

motor vehicle repair or maintenance

motor vehicle wrecking yards

mushroom farming

oil recycling works oil refineries paint manufacture

pest control works plastics manufacture works

printing works

pulp or paper works railway operations rubber manufacture or processing

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scrap metal recovery service stations ship breaking

spray painting tannery, fellmongery or hide curing

textile operations

transport depots or loading sites

tyre manufacture or retreading

vermiculture

vessel construction, repair or maintenance

waste depots wastewater storage, treatment or disposal

water discharge to underground aquifer

wetlands or detention basins

wineries or distilleries

wood preservation works

woolscouring or wool carbonising works

works depots (operated by councils or utilities)

2—Pollution and site contamination on the land—questions for vendor

(1) Is the vendor aware of any of the following activities ever having taken place at the land:

(a) storage, handling or disposal of waste or fuel or other chemicals (other than in the ordinary course of domestic activities)?

(b) importation of soil or other fill from a site at which—

(i) an activity of a kind listed in paragraph (a) has taken place; or

(ii) a prescribed commercial or industrial activity (see item 1(2) above) has taken place?

*YES/NO If YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:

(2) Is the vendor aware of any prescribed commercial or industrial activities (see item 1(2) above) ever having taken place at the land?

*YES/NO If YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:

(3) Is the vendor aware of any dangerous substances ever having been kept at the land pursuant to a licence under the Dangerous Substances Act 1979?

*YES/NO If YES, give details of all dangerous substances that the vendor is aware of and whether they were kept at the land before or after the vendor acquired an interest in the land:

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Dangerous%20Substances%20Act%201979

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(4) Is the vendor aware of the sale or transfer of the land or part of the land ever having occurred subject to an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies?

*YES/NO If YES, give details of each sale or transfer and agreement that the vendor is aware of:

(5) Is the vendor aware of an environmental assessment of the land or part of the land ever having been carried out or commenced (whether or not completed)?

*YES/NO If YES, give details of all environmental assessments that the vendor is aware of and whether they were carried out or commenced before or after the vendor acquired an interest in the land:

Note—

These questions relate to details about the land that may be known by the vendor. A "YES" answer to the questions at items 2(1) or 2(2) may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.

A "YES" answer to any of the questions in this item may indicate the need for the purchaser to seek further information regarding the activities, for example, from the council or the EPA.

3—Licences and exemptions recorded by EPA in public register Does the EPA hold any of the following details in the public register:

(a) details of a current licence issued under Part 6 of the Environment Protection Act 1993 to conduct, at the land—




*YES/NO

(b) details of a licence no longer in force issued under Part 6 of the Environment Protection Act 1993 to conduct, at the land—









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*YES/NO

(c) details of a current exemption issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land? *YES/NO

(d) details of an exemption no longer in force issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land? *YES/NO

(e) details of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to operate a waste depot at the land? *YES/NO

(f) details of a licence issued under the repealed Waste Management Act 1987 to operate a waste depot at the land? *YES/NO

(g) details of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to produce waste of a prescribed kind (within the meaning of that Act) at the land? *YES/NO

(h) details of a licence issued under the repealed Waste Management Act 1987 to produce prescribed waste (within the meaning of that Act) at the land? *YES/NO

Note—

These questions relate to details about licences and exemptions required to be recorded by the EPA in the public register. If the EPA answers "YES" to any of the questions—

• in the case of a licence or exemption under the Environment Protection Act 1993—

— the purchaser may obtain a copy of the licence or exemption from the public register on payment of the prescribed fee; and

— the purchaser should note that transfer of a licence or exemption is subject to the conditions of the licence or exemption and the approval of the EPA (see section 49 of the Environment Protection Act 1993); and

• in the case of a licence under a repealed Act—the purchaser may obtain details about the licence from the public register on payment of the prescribed fee.

A "YES" answer to any of these questions may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.

















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The EPA will not provide details about licences to conduct the following prescribed activities of environmental significance (within the meaning of Schedule 1 Part A of the Environment Protection Act 1993): waste transport business (category A), waste transport business (category B), dredging, earthworks drainage, any other activities referred to in Schedule 1 Part A undertaken by means of mobile works, helicopter landing facilities, marinas and boating facilities or discharges to marine or inland waters.

The EPA will not provide details about exemptions relating to—

• the conduct of any of the licensed activities in the immediately preceding paragraph in this note; or

• noise.

4—Pollution and site contamination on the land—details recorded by EPA in public register

Does the EPA hold any of the following details in the public register in relation to the land or part of the land:

(a) details of serious or material environmental harm caused or threatened in the course of an activity (whether or not notified under section 83 of the Environment Protection Act 1993)? *YES/NO

(b) details of site contamination notified to the EPA under section 83A of the Environment Protection Act 1993? *YES/NO

(c) a copy of a report of an environmental assessment (whether prepared by the EPA or some other person or body and whether or not required under legislation) that forms part of the information required to be recorded in the public register? *YES/NO

(d) a copy of a site contamination audit report? *YES/NO

(e) details of an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies? *YES/NO

(f) details of an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993? *YES/NO

(g) details of an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993? *YES/NO










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(h) details of a notification under section 103Z(1) of the Environment Protection Act 1993 relating to the commencement of a site contamination audit? *YES/NO

(i) details of a notification under section 103Z(2) of the Environment Protection Act 1993 relating to the termination before completion of a site contamination audit? *YES/NO

(j) details of records, held by the former South Australian Waste Management Commission under the repealed Waste Management Act 1987, of waste (within the meaning of that Act) having been deposited on the land between 1 January 1983 and 30 April 1995? *YES/NO

Note—

These questions relate to details required to be recorded by the EPA in the public register. If the EPA answers "YES" to any of the questions, the purchaser may obtain those details from the public register on payment of the prescribed fee.

5—Pollution and site contamination on the land—other details held by EPA

Does the EPA hold any of the following details in relation to the land or part of the land:

(a) a copy of a report known as a "Health Commission Report" prepared by or on behalf of the South Australian Health Commission (under the repealed South Australian Health Commission Act 1976)? *YES/NO

(b) details (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993? *YES/NO

(c) details (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993? *YES/NO

(d) a copy of a pre-1 July 2009 site audit report? *YES/NO

(e) details relating to the termination before completion of a pre-1 July 2009 site audit? *YES/NO











99

Note—

These questions relate to details that the EPA may hold. If the EPA answers "YES" to any of the questions, the purchaser may obtain those details from the EPA (on payment of any fee fixed by the EPA).

6—Further information held by councils Does the council hold details of any development approvals relating to—

(a) commercial or industrial activity at the land; or

(b) a change in the use of the land or part of the land (within the meaning of the Development Act 1993)?

*YES/NO Note—

The question relates to information that the council for the area in which the land is situated may hold. If the council answers "YES" to the question, it will provide a description of the nature of each development approved in respect of the land. The purchaser may then obtain further details from the council (on payment of any fee fixed by the council). However, it is expected that the ability to supply further details will vary considerably between councils.

A "YES" answer to paragraph (a) of the question may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.

It should be noted that:

• the approval of development by a council does not necessarily mean that the development has taken place;

• the council will not necessarily be able to provide a complete history of all such development that has taken place at the land.

7—Further information for purchasers Note—

The purchaser is advised that other matters under the Environment Protection Act 1993 (that is, matters other than those referred to in this Statement) that may be relevant to the purchaser's further enquiries may also be recorded in the public register. These include:

• details relating to environmental authorisations such as applications, applicants, locations of activities, conditions, suspension, cancellation or surrender of authorisations, disqualifications, testing requirements and test results;

• details relating to activities undertaken on the land under licences or other environmental authorisations no longer in force;

• written warnings relating to alleged contraventions of the Environment Protection Act 1993;

• details of prosecutions and other enforcement action;

• details of civil proceedings;

• other details prescribed under the Environment Protection Act 1993 (see section 109(3)(l)).








100

Details of these matters may be obtained from the public register on payment to the EPA of the prescribed fee.

If—

• an environment performance agreement, environment protection order, clean-up order, clean-up authorisation, site contamination assessment order or site remediation order has been registered on the certificate of title for the land; or

• a notice of declaration of special management area in relation to the land has been gazetted; or

• a notation has been made on the certificate of title for the land that a site contamination audit report has been prepared in respect of the land; or

• a notice of prohibition or restriction on taking water affected by site contamination in relation to the land has been gazetted,

it will be noted in the items under the heading Environment Protection Act 1993 under the Table of Particulars in this Statement. Details of any registered documents may be obtained from the Lands Titles Registration Office.

†Particulars relating to Livestock Act 1997

†1—Sale of land (1) Has any notice under section 33 or 37 of the Livestock Act 1997 been

made that affects, presently or prospectively, enjoyment of the land? *YES/NO If YES, give details of the following:

Date of notice:

Terms of notice:

(2) Has any order under section 38, or notice under section 72, of the Livestock Act 1997 been issued to the vendor in relation to the land or any building on the land? *YES/NO If YES, give details of the following:

Date of order or notice:

Terms of order or notice:

†2—Sale of small business Does the small business the subject of the sale involve the keeping or handling of livestock, the handling of livestock products or the handling of property in connection with such an activity? *YES/NO If YES, has any notice or order been issued under the Livestock Act 1997 in relation to any livestock, livestock products or other property (other than land or any building on the land) included in the sale? *YES/NO If YES, give details of the following:


Terms of notice or order:





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†Schedule 2—Division 3—Community lots and strata units

Matters to be considered in purchasing a community lot or strata unit The property you are buying is on strata or community title. There are special obligations and restrictions that go with this kind of title. Make sure you understand these. If unsure, seek legal advice before signing a contract. For example:

Governance

You will automatically become a member of the body corporate, which includes all owners and has the job of maintaining the common property and enforcing the rules. Decisions, such as the amount you must pay in levies, will be made by vote of the body corporate. You will need to take part in meetings if you wish to have a say. If outvoted, you will have to live with decisions that you might not agree with.

If you are buying into a mixed use development (one that includes commercial as well as residential lots), owners of some types of lots may be in a position to outvote owners of other types of lots. Make sure you fully understand your voting rights, see later.

Use of your property

You, and anyone who visits or occupies your property, will be bound by rules in the form of articles or by-laws. These can restrict the use of the property, for example, they can deal with keeping pets, car parking, noise, rubbish disposal, short-term letting, upkeep of buildings and so on. Make sure that you have read the articles or by-laws before you decide whether this property will suit you.

Depending on the rules, you might not be permitted to make changes to the exterior of your unit, such as installing a television aerial or an air-conditioner, building a pergola, attaching external blinds etc without the permission of the body corporate. A meeting may be needed before permission can be granted. Permission may be refused.

Note that the articles or by-laws could change between now and when you become the owner: the body corporate might vote to change them. Also, if you are buying before the community plan is registered, then any by-laws you have been shown are just a draft.

Are you buying a debt?

If there are unpaid contributions owing on this property, you can be made to pay them. You are entitled to know the financial state of the body corporate and you should make sure you see its records before deciding whether to buy. As a prospective owner, you can write to the body corporate requiring to see the records, including minutes of meetings, details of assets and liabilities, contributions payable, outstanding or planned expenses and insurance policies. There is a fee. To make a request, write to the secretary or management committee of the body corporate.


102

Expenses

The body corporate can require you to maintain your property, even if you do not agree, or can carry out maintenance and bill you for it.

The body corporate can require you to contribute to the cost of upkeep of the common property, even if you do not agree. Consider what future maintenance or repairs might be needed on the property in the long term.

Guarantee

As an owner, you are a guarantor of the liabilities of the body corporate. If it does not pay its debts, you can be called on to do so. Make sure you know what the liabilities are before you decide to buy. Ask the body corporate for copies of the financial records.

Contracts

The body corporate can make contracts. For example, it may engage a body corporate manager to do some or all of its work. It may contract with traders for maintenance work. It might engage a caretaker to look after the property. It might make any other kind of contract to buy services or products for the body corporate. Find out what contracts the body corporate is committed to and the cost.

The body corporate will have to raise funds from the owners to pay the money due under these contracts. As a guarantor, you could be liable if the body corporate owes money under a contract.

Buying off the plan

If you are buying a property that has not been built yet, then you cannot be certain what the end product of the development process will be. If you are buying before a community plan has been deposited, then any proposed development contract, scheme description or by-laws you have been shown could change.

Mixed use developments—voting rights

You may be buying into a group that is run by several different community corporations. This is common in mixed use developments, for example, where a group of apartments is combined with a hotel or a group of shops. If there is more than one corporation, then you should not expect that all lot owners in the group will have equal voting rights. The corporations may be structured so that, even though there are more apartments than shops in the group, the shop-owners can outvote the apartment owners on some matters. Make enquiries so that you understand how many corporations there are and what voting rights you will have.

Further information

The Real Estate Institute of South Australia provides an information service for enquiries about real estate transactions, see www.reisa.com.au .



103

A free telephone Strata and Community Advice Service is operated by the Legal Services Commission of South Australia: call 1300 366 424. Information and a booklet about strata and community titles is available from the Legal Services Commission at www.lsc.sa.gov.au.

You can also seek advice from a legal practitioner.

10—Variation of Schedule 1—Contracts for sale of land or businesses—forms Schedule 1, Form 4—delete the form

11—Substitution of Schedule 3 Schedule 3—delete the Schedule and substitute:

Schedule 3—Contracts for sale of land or businesses—inquiries

Table 1—Mortgages, charges and prescribed encumbrances

Column 1 Mortgage, charge or prescribed encumbrance specified as item in Form 1 Schedule Division 1 or Form 2 Schedule 2 Division 1

Column 2 Body to whom inquiry is to be made

(1) All items under the following headings (except where otherwise specified):

Development Act 1993 (the item relating to section 71 only)

Fire and Emergency Services Act 2005



The council







104

Column 1 Mortgage, charge or prescribed encumbrance specified as item in Form 1 Schedule Division 1 or Form 2 Schedule 2 Division 1


(2) All items under the following headings (except where otherwise specified):

Development Act 1993 (other than the items relating to section 60 and section 71)

Food Act 2001

Housing Improvement Act 1940

Public and Environmental Health Act 1987 (repealed)

Repealed Act conditions

South Australian Public Health Act 2011 (other than the item relating to section 66)

Department of Planning, Transport and Infrastructure and the council

(3) All other items (other than the items relating to the Development Act 1993 section 60, the Fences Act 1975 section 5 and the Mining Act 1971 section 9AA, section 58(a) or 59(8)(b) and section 61)

Department of Planning, Transport and Infrastructure

Table 2—Matters affecting land

Column 1 Matters specified in Form 1 Schedule Division 2 or Form 2 Schedule 2 Division 2


Particulars of building indemnity insurance (all items under that heading)

The council

Particulars relating to environment protection (items 3, 4 and 5 under that heading)

Department of Planning, Transport and Infrastructure or Environment Protection Authority

Particulars relating to environment protection (item 6 under that heading)

The council

Particulars relating to Livestock Act 1997 (the following items under that heading: a notice under section 33, 37 or 72 of the Act or an order under section 38 of the Act, in relation to the land or a building on the land)

Department of Planning, Transport and Infrastructure or Department of Primary Industries and Regions
















105

12—Variation of Schedule 8—Contracts for sale of land or businesses—fees Schedule 8, clause 3, definition of Department—delete the definition and substitute:

Department means the Department of Planning, Transport and Infrastructure;

13—Transitional provision (1) In this regulation—

Act means the Land and Business (Sale and Conveyancing) Act 1994;

new requirements means the requirements of the Act and principal regulations as in force after the commencement of the Statutes Amendment (Real Estate Reform Review and Other Matters) Act 2013 and these regulations;

old requirements means the requirements of the Act and principal regulations as in force immediately before the commencement of the Statutes Amendment (Real Estate Reform Review and Other Matters) Act 2013 and these regulations;

principal regulations means the Land and Business (Sale and Conveyancing) Regulations 2010;

vendor, in relation to a vendor's statement, means the vendor of the land or business to which the statement relates and includes any agent, accountant or other person involved in the preparation or use of the statement for the purposes of Part 2 of the Act.

(2) A reference in this regulation to the date of service of a vendor's statement is, where a notice of amendment to the statement is served for the purposes of section 10 of the Act, a reference to the presumed date of service of the statement under that section.

(3) Where a vendor's statement is prepared for the purposes of Part 2 of the Act, the vendor is exempt from compliance with the new requirements relating to the form and content of a vendor's statement if—

(a) the statement is a statement prepared not more than 2 months before and not more than 2 months after the commencement of these regulations; and

(b) the statement has an attachment that is—

(i) if the statement relates to the sale of land only—in the form set out in Schedule 1 of these regulations; or

(ii) if the statement relates to the sale of a small business, or a small business and land—in the form set out in Schedule 2; and

(c) subject to paragraph (b), the statement complies with the old requirements relating to the form and content of the statement; and

(d) the statement is accurate as at the date of service of the statement on the purchaser.

(4) A vendor's statement for which an exemption under this regulation applies to the vendor will be taken to comply with the principal regulations as varied by these regulations.






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Land and Business (Sale and Conveyancing) Variation Regulations 2013 Schedule 1—Attachment for Form 1

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Attachment for Form 1

Notice to Purchaser: Cooling-off To the purchaser:

Your right to notify the vendor in writing of your intention not to be bound by a contract of sale that you have entered into (your right to serve a cooling-off notice) and the restrictions on that right, are set out in Part B of the attached vendor's statement.

Owing to recent changes in the law, the description of these matters in Part B is no longer completely accurate. Please note the following changes:

1. Service of cooling-off notice Part B clause 4 sets out the methods of service of a cooling-off notice. Please note that in addition to the methods of service of the cooling-off notice described in Part B clause 4, the cooling-off notice may be transmitted by email to the following email address:

(being an address provided to you by the vendor for the purpose of service of the notice). Note—

Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling-off notice on the purchaser. It is therefore strongly recommended that if you intend to serve the notice by email, you obtain a record of transmission of the email.

2. Cooling-off by corporations Part B clause 1(d) currently indicates that a body corporate cannot cool-off. That is no longer the case. A body corporate can now cool-off if the land is residential land within the meaning of the Land and Business (Sale and Conveyancing) Act 1994.


Attachment for Form 2

Notice to Purchaser: Service of cooling-off notice

To the purchaser:

Your right to notify the vendor in writing of your intention not to be bound by a contract of sale that you have entered into (your right to serve a cooling-off notice) and the restrictions on that right, are set out in Part B of the attached vendor's statement.

Owing to recent changes in the law, please note that in addition to the methods of service of the cooling-off notice described in Part B clause 4, the cooling-off notice may be transmitted by email to the following email address:

(being an address provided to you by the vendor for the purpose of service of the notice).





Attachment for Form 2—Schedule 2

107

Note—

Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling-off notice on the purchaser. It is therefore strongly recommended that if you intend to serve the notice by email, you obtain a record of transmission of the email.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor with the advice and consent of the Executive Council on 19 December 2013

No 312 of 2013 MCA0024/13CS


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